(Download) "Allstate Insurance Co. V. Raynor" by Washington Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Allstate Insurance Co. V. Raynor
- Author : Washington Court of Appeals
- Release Date : January 08, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Martin E. Raynor, and David Johnson*fn1, appeal a summary Judgement in favor of Allstate Insurance Company. The trial court ruled that Margie and Milton King's homeowners policy did not cover Milton King's criminal acts of shooting to death Martin Raynor's ex-wife and daughter. Raynor argues that: (1) Allstate's policy exclusions for criminal or intentional acts do not apply where the insured lacked the mental capacity to form the requisite intent, about which there is a material issue of fact; (2) the "criminal acts" exclusion does not apply where the insured has been neither convicted of, nor charged with, a crime arising from the incident for which coverage is sought; (3) a material issue of fact remains as to whether Margie King's negligence was the "efficient proximate cause" of the deaths of Martin Raynor's ex-wife and daughter; (4) the trial court improperly denied coverage to Margie King based on the policy's "joint obligations" clause; and (5) the "joint obligations" clause violates public policy. Allstate responds that multiple provisions of the policy preclude coverage because the homicides were intentional, not accidental.
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