Allstate Ins. Co. v. Raynor

Decision Date19 April 2001
Docket NumberNo. 68141-4.,68141-4.
Citation143 Wash.2d 469,21 P.3d 707
PartiesALLSTATE INSURANCE COMPANY, Respondent, v. Martin E. RAYNOR, individually, as personal representative of the Estate of Cheryl Raynor, and as the guardian ad litem of Kathryn Raynor, a minor; David Johnson, individually and as the personal representative of the estate of Candy Johnson, Petitioners, Margie E. King, individually; John Doe, as the personal representative of the Estate of Milton R. King; City of Longview, a municipal corporation; County of Cowlitz, a political subdivision of Washington State; Casey Tilton and Jane Doe Tilton, husband and wife, and their marital community; and Tom Homad and Jane Doe Homad, husband and wife, and their marital community, Defendants.
CourtWashington Supreme Court

Michael McKinstry, Keith Kemper, Thomas Geisness, Robert Clough, Seattle for Petitioners.

R. Daniel Lindahl, Portland, for Respondent.

BRIDGE, J.

Upset over rabbits and rabbit droppings in the property next to his, 72-year-old Milton King fatally shot his neighbor Candy Johnson and her 12-year-old daughter Cheryl Raynor, then immediately committed suicide. Representatives for Candy's surviving 11-year-old daughter Kathryn Raynor and for the estates and family of Candy and Cheryl sought wrongful death compensation from, inter alia, Milton's estate and his widow Margie. As provider of the Kings' homeowners insurance policy, Allstate Insurance Company brought this separate declaratory judgment action, asking the Cowlitz County Superior Court to rule that it was not liable for the losses under the policy terms. The trial court granted Allstate summary judgment. We affirm based on the policy's criminal act exclusion and joint obligations clause.

FACTS

Milton King's .22 caliber handgun had been confiscated in November 1990 after an incident for which he was convicted of second degree assault. His attorney later retrieved the gun from the police, and on July 3, 1992, Milton and his wife Margie drove to the attorney's office, and the attorney gave the firearm to Margie while her husband waited outside.

David and Candy Johnson and Candy's two daughters were the Kings' neighbors in Longview that summer. Their ownership of rabbits deeply upset Milton. On several occasions, he called the Longview Planning and Building Department (Department) about the rabbits and their droppings. On Tuesday, July 7, 1992, he went to the Department to complain in person. When he was not waited on in a timely fashion, he proceeded to the mayor's office. When he was informed that neither the mayor nor the city manager was available to see him, Milton announced he would "just have to take care of this myself," and left. Clerk's Papers (CP) at 715.

That Friday, July 10, 1992, at 8:30 a.m., Milton called the Department to see what, if any, action had been taken to address the rabbit situation. He then went down in person to the Longview police station to ask officers to come and stop his neighbors from raising rabbits. He complained that the rabbits had caused him stress, insomnia, and higher blood pressure. Unable to convince the officers to take any action on his behalf, Milton eventually went home.

Later that same day, Candy, her two daughters, and a friend of the girls began stacking wood near the fence they shared with the Kings. When Milton and Margie began cursing at them, Candy called 911 (i.e., Cowlitz County Communications). Longview Police Officer Casey Tilton responded. After assuring Candy that it was lawful for her to raise rabbits and stack wood on her property, the officer contacted the Kings. Milton insisted Candy was stacking the wood to cover up rabbit droppings as well as simply to harass him. He urged the officer to halt the raising of rabbits. When Officer Tilton declined to intervene, Milton became verbally abusive.

Margie then called 911, which again dispatched Officer Tilton to the scene. After consulting with his superior, though, he decided not to respond. He notified the dispatcher of his decision, reporting that the Kings, whom he described as "elderly, slightly 10-22,"1 had no valid reason to be upset. CP at 673. Another officer then contacted Officer Tilton to make sure he was aware of King's personal background. "Oh, sure," Officer Tilton responded. "He was acting real strange, 10-22, the whole works." CP at 719. The other officer commented "he's like that all the time." Id. Overhearing the calls, Mary Williamson, a Longview Police Department receptionist, then contacted the 911 dispatcher herself to warn that, based on 30 years as Milton's neighbor and acquaintance, she believed that, absent intervention, he might end up doing something "very violent." CP at 674. She urged that police "at least go out and talk to him." CP at 720. She warned that, given Milton's state of mind, he "wouldn't care if the officers killed him." CP at 674. At 4:19 p.m., the dispatcher called the Kings to tell them the police would not be responding. Margie shouted into the phone, "[T]he cops defend the criminals." CP at 432.

Moments later, Milton armed himself with his .22 caliber handgun and a .38 caliber revolver and went out into his backyard, where he stood watching Candy and the children stacking wood. Margie told her husband it was "not worth it" and was able to persuade him to come back into the house. CP at 48-49. Milton put the guns back into a drawer and lay down. Margie says her elderly husband's heart was beating so fast at that moment that she feared it was "going to pop out of [his] chest." CP at 675. Margie went into the backyard herself and poked a stick through the fence in an effort to knock over the neighbors' woodpile and later turned on a water sprinkler, spraying the girls next door and eliciting a pejorative verbal response from them.

Suddenly, Milton burst from his house and stormed directly onto Candy's property, firing his .22 caliber handgun. Candy was hit once in the mouth, and her daughter Cheryl twice in the chest. Candy and her other daughter Kathryn ran into the house, and the girls' friend fled the scene. Candy called 911 and, despite her mouth wound, was able to inform the dispatcher she had been shot.2 While Candy was still on the phone with the 911 dispatcher, Milton entered her house and shot her twice more in the chest. Severely wounded, Candy sought refuge in the bathroom with her daughter Kathryn, who hid in the bathtub. Candy pressed her back against the door to prevent Milton from entering. Milton then left the house and fatally shot himself in the head with his .38 caliber revolver. Candy and Cheryl died from their gunshot wounds.

Martin Raynor, appearing individually, as personal representative of his daughter Cheryl's estate, and as his daughter Kathryn's guardian ad litem, together with David Johnson, appearing personally and as personal representative of Candy's estate, filed suit in Clark County Superior Court. They alleged, inter alia, that Milton and Margie King, Officer Tilton, the City of Longview, the County of Cowlitz, and Milton's defense attorney had all behaved negligently and were legally responsible for the wrongful deaths of Candy and Cheryl.

Allstate brought this separate declaratory judgment action to establish that the wrongful deaths and personal injuries were not covered under the Kings' Deluxe Homeowners Policy. The "Family Liability Protection" section of that policy guarantees that "Allstate will pay all sums arising from an accidental loss which an insured person becomes legally obligated to pay as damages because of bodily injury ... covered by this part of the policy." CP at 29 (emphasis omitted). The policy expressly excludes coverage, though, for "any bodily injury or property damage which may reasonably be expected to result from the intentional or criminal acts of an insured person or which are in fact intended by an insured person." CP at 29 (emphasis omitted). The policy also includes a joint obligations clause:

The terms of this policy impose joint obligations on the person named on the declarations page as the Insured and that person's resident spouse. These persons are defined as you or your. This means that the responsibilities, acts and failures to act of a person defined as you or your will be binding upon another person defined as you or your.

CP at 10 (emphasis omitted).

Dr. G. Christian Harris, a board-certified psychiatrist and neurologist, reviewed Milton's history and the circumstances of the shootings and concluded that he was suffering "sufficient impairment in mental functions as to seriously compromise his capacity to formulate intent." CP at 452-53. Dr. Harris believed Milton had a "major mental disorder" that impaired "(a) His ability to really see the consequences of his actions, (b) His ability to perceive his environment accurately, and (c) His ability to choose an alternative course of action." CP at 738-39. In Dr. Harris' judgment, Milton "was unable to form the intent to commit these acts and was unable to control his actions when he embarked on his killing spree." CP at 739. However, Dr. Harris expressed confidence that Milton was not criminally insane under the M'Naghten standard.3

The court granted Allstate summary judgment as to Milton's and Margie's acts, and the Court of Appeals affirmed. Allstate Ins. Co. v. Raynor, 93 Wash.App. 484, 969 P.2d 510, 975 P.2d 517, 980 P.2d 765 (1999).

ANALYSIS

Summary judgments are reviewed de novo, with all facts and reasonable inferences therefrom viewed in the light most favorable to the nonmoving party. Clements v. Travelers Indem. Co., 121 Wash.2d 243, 249, 850 P.2d 1298 (1993) (citing Wilson v. Steinbach, 98 Wash.2d 434, 656 P.2d 1030 (1982)). A summary judgment motion may be granted when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. CR 56(c). The moving party must prove that no factual dispute exists that might...

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