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Trustgard Ins. Co. v. Herndon

The homeowner's insurance policy contained provisions excluding coverage for intentional acts and criminal acts, and the insurer was therefore not liable under the policy for a woman's injuries arising after the insured shot her on his property.

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On April 11, 2013, Charles Herndon shot Vivian Welker on his property. Welker sustained approximately $55,000 in medical expenses, which she attempted to collect under a homeowner’s policy the Policy that Trustgard Insurance Company Trustgard had issued to Herndon. After Trustgard denied coverage under several Policy provisions excluding coverage for intentional acts and for criminal acts, the company filed this action seeking a declaration that it had no liability under the Policy in connection with the shooting. The parties filed cross-motions for summary judgment, and the trial court granted Herndon’s two motions for summary judgment and denied Trustgard’s motion. These appeals followed.

In Case No. A16A0585, Trustgard argues that the trial court erred in denying it summary judgment under the Policy provisions excluding coverage for intentional and criminal acts and further asserts that the trial court erred in granting summary judgment to Herndon on the intentional acts exclusions. In Case No. A16A0861, Trustgard appeals the trial court’s grant of summary judgment to Herndon on the provision excluding coverage for criminal acts. For the reasons that follow, we reverse the trial court’s orders.

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