6. Brandy Harvey, age 16, and Toby Gearheart, age 19, were at a Wabash River boa

Question

6. Brandy Harvey, age 16, and Toby Gearheart, age 19, were at a Wabash River boat ramp one evening. When a disagreement arose, Brandy moved toward Gearheart and pushed him toward the water more than once. When she again approached Gearheart, he put his hands on her shoulders and pushed her. Brandy lost her balance and fell off the boat ramp, down a rocky embankment, and into the river, where she drowned. In a criminal proceeding concerning the incident, Gearheart pleaded guilty to involuntary manslaughter. Acting as co-personal representatives of Brandy’s estate, her parents, Jon Harvey and Misty Johnson, filed a wrongful death action against Gearheart in an Indiana trial court. They contended in their complaint that Gearheart’s “negligence and recklessness” had caused Brandy’s death. Harvey and Johnson also named Auto-Owners Insurance Co. as a defendant on the theory that because of the liability

insurance portion of a homeowners’ insurance policy issued to Gearheart’s parents, Auto-Owners would be obligated to pay any judgment entered against Gearheart (who still lived in his parents’ home and was therefore an insured person under the policy). The insurance policy at issue stated that Auto-Owners “will pay all sums any insured becomes legally obligated to pay as damages because of or arising out of bodily injury or property damage caused by an occurrence to which this coverage applies.” The policy also defined “occurrence” to mean “an accident that results in bodily injury or property damage and includes, as one occurrence, all continuous or repeated exposure to substantially the same generally harmful conditions.” The word “accident” was not defined in the policy. In addition, an exclusion set forth in the policy indicated that there was no coverage for “bodily injury or property damage reasonably expected or intended by the insured.”

Auto-Owners moved for summary judgment, asserting that in view of the facts and the above-quoted provisions, the policy furnished no coverage in regard to Gearheart’s actions. The trial court denied Auto-Owners’ motion, but the Court of Appeals of Indiana reversed. Harvey and Johnson appealed to the Supreme Court of Indiana.

Should the appellate Court’s decision be reversed?

Explanation / Answer

Given Information :

Brandy Harvey, age 16, and Toby Gearheart, age 19, were at a Wabash River boat ramp one evening.

In between these two , disagreement takes place. Because of the quarrel & misunderstanding both fight with each other .& Brandy caused death.

Brandys parents Harvey and Johnson sue case on Gearheart.

In this case there are two parties .

1) Auto Owners

2) Gearheart’s parents

Its common rules & regulations everywhere that the particular policy which is insured , that insurance coverage accidents & damages .This is clearly mentioned in every insured policy.

Now in above case when the insurance made between  Auto Owners & Gearheart’s parents, it was a clear responsibility of Auto Owners to check all the details mentioned in policy.

Following points have been clearly mentioned :

Trail court denied the auto owners motion.

Harvey and Johnson appealed to the Supreme Court of Indiana.But again here the result is from the side of Gearheart’s parents .because of the statement mentioned in policy they are not liable for insurance which is coming under accident or body damage.

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