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Premises Liability - Homeowner's Policy

Karns & Kerrison

Although this case was not handled by the Karns & Kerrison, we found it interesting and wanted to share it with our readers here on the blog.

A death that resulted when a juvenile pointed a shotgun, he thought was unloaded, at his friend and pulled the trigger is covered by homeowners' insurance, the Michigan Supreme Court has ruled in reversing the Court of Appeals.

A 16-year-old took a shotgun - which he believed wasn't loaded and usually was not - from under his grandfather's bed. He pointed the gun at his friend's face and pulled the trigger, killing his friend.

The grandparents sought coverage under their homeowners' policy.

Intentional acts are not covered by insurance only negligent acts. The court allowed coverage, as there was no intention to do bodily harm. This was a covered negligent act.

The result of this case would be the same in Rhode Island as the act would be considered negligent and covered by homeowner's insurance.

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