Homeowner's insurance policy did not cover sexual assualt claims
The Georgia Court of Appeals was asked to decide if a homeowner’s insurance policy covered injuries stemming from intentional acts when the language only covered accidental occurrences. The court ruled that summary judgment for the insurance company was proper, since such language does not cover injuries arising from intentional actions.
In Perry v. State Farm, State Farm filed a declaratory judgment asking the trial court to find that one of their policies did not cover a personal injury claim. The policy holder, Blackwell, allegedly had sexual intercourse with a house guest, Perry, after she fell asleep on his couch while fully clothed. Perry also claims that Blackwell took photographs after Perry had been undressed. Perry claims that the actions were without her consent. As a result, Perry sued for battery, invasion of property, loss of consortium, negligence, and punitive damages.
After the complaint was filed, State Farm began to investigate and defend the lawsuit. When Blackwell was deposed, he stated that he woke in the middle of the night while sleeping with his wife and went to find Perry. Upon finding Perry, he began having oral and vaginal sex, but he stopped when he realized he did not have a condom. Blackwell stated that the two did not speak, but he believed that she was an active participant. Blackwell also admitted to being intoxicated. State Farm then sought the trial court to rule that it had no duty to indemnify him against Perry’s claims. The trial court agreed with State Farm. Blackwell argued on appeal that State Farm was required to indemnify him against Perry’s negligence claim.
The court of appeals noted that the policy protected against bodily injury caused by an “occurrence.” An occurrence was defined as “an accident” in the policy. The court determined that accident must mean an event that is an unexpected happening. The court further noted that the policy did not protect against an “accidental injury” which can arise from a conscious voluntary act. Here, any injuries were the result of Blackwell’s intentional actions. The court concluded that the policy covered an accidental occurrence but not an accidental injury. Thus, the policy did not require State farm to provide coverage for Blackwell’s intentional actions which included Perry’s claim for negligence.
Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.
