State Farm Mut. Auto. Ins. Co. v. Coon, Docket No. 13535

• Decision Date: 25 April 1973
• Docket Number: Docket No. 13535,No. 2,2
• Citation: 208 N.W.2d 532,46 Mich.App. 503
• Parties: , 72 A.L.R.3d 1085 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. Alan B. COON, Defendant-Appellant
• Court: Court of Appeal of Michigan — District of US

Page 532

208 N.W.2d 532

46 Mich.App. 503, 72 A.L.R.3d 1085

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. Alan B. COON, Defendant-Appellant.

Docket No. 13535.

Court of Appeals of Michigan, Division No. 2.

April 25, 1973.

Released for Publication June 27, 1973.

Ronald H. Ring, Flint, for defendant-appellant.

Douglas M. Philpott, Flint, for plaintiff-appellee.

Before BRONSON, P.J., and McGREGOR and DANHOF, JJ.

BRONSON, Presiding Judge.

State Farm Mutual Automobile Insurance Company (hereinafter plaintiff) filed a motion for declaratory judgment claiming that it had no liability to indemnity fefendant since his intentional infliction of injury upon another did not constitute an accident within the terms of its policy of general liability. The trial judge rendered judgment in favor of plaintiff from which defendant appeals as a matter of right. The primary issue raised for our consideration is whether the insured's intentional infliction of injury upon another by the use of an automobile constitutes an accident within the meaning of the insurer's automobile liability policy.

The issue raised is set upon a unique, if not bizarre, factual background. Defendant was separated from his wife, Mickie Coon, with a divorce pending. He either knew or was led to believe that Frederick Bazzani, his cousin, was having illicit relations with his wife. On August 7, 1969, Bazzani visited Mickie Coon and overheard her talking on the telephone with her husband. Bazzani became angry and threatened Mrs. Coon and her children, saying, 'I should kill you all'.

Defendant was called by his son and informed of Bazzani's threat. Since defendant knew that Bazzani had been violent in the past and carried a shotgun in the trunk of his car, he immediately drove to his wife's home in Flint. Upon his arrival defendant observed Bazzani open the trunk of his car. Fearful that Bazzani would carry out his prior threats before he could alight from the car, defendant ran into Bazzani with his car, inflicting injuries for which Bazzani instituted suit.

Plaintiff issued a general automobile liability policy insuring defendant's use of his automobile. It is plaintiff's liability as defendant's insurer upon the underlying civil suit between Bazzani and Coon which is challenged in the present appeal. Plaintiff's insurance policy obligates it to pay damages because of bodily injury caused by an 'accident' arising out of the use of defendant's automobile. It is the term 'accident' which the parties ask us to interpret in the present appeal.

Plaintiff argues that its policy term, 'accident', should be defined as an event which takes place without one's foresight or expectation and does not include injuries occasioned by the insured's intentional conduct. Jurisdictions considering the issue of whether intentional conduct such as an assault and battery constitutes an accident have reached an affirmative decision when viewing the occurrence from the standpoint of the insured and a contrary decision when in viewing the occurrence from the standpoint of the injured person. ¹ Our careful review of Michigan authorities and evaluation of the relevant policy considerations justfiies our adoption of the latter approach.

In New Amsterdam Casualty Co. v. Jones, 135 F.2d 191 (C.A.6, 1943), the court was confronted with an analogous factual situation. There the insured, an oil station proprietor, became embroiled in a dispute on the premises and shot one Oscar Martin. The insurance carrier raised the same argument that the insured's intentional infliction of injury was not an accident. This federal court, interpreting Furbush v. Maryland Casualty Co, 131 Mich. 234, 91 N.W. 935 (1902), and Peterson v. Aetna Life Insurance Co., 292 Mich. 531, 290 N.W. 896 (1940), concluded that 'the question whether the injury is an accident, is to be determined from the standpoint of the one suffering it, rather than from the standpoint of the one inflicting it'. These Michigan cases interpreting life insurance policies adopted this viewpoint to administer the analogous rule that the insured's injury or death resulting from intentional conduct was not an accident if caused by the insured or the insured was the aggressor. Our courts followed this rule if the assault was either the result of the insured's misconduct, Hooper v. State Mutual Life Assurance Co. of Worcester, Massachusetts, 318 Mich. 384, 28 N.W.2d 331 (1947), or culpably provoked by the insured, Reed v. Mutual Benefit Health & Accident Association, 345 Mich. 586, 76 N.W.2d 869 (1956). This conclusion is supported by the very definition of 'accident' submitted by plaintiff which described it as 'an event which under the circumstances is unusual And not expected to the person to whom it happened.' ²

Based upon this precedent, the Jones court stated:

'* * * (A)ccording to the same reasoning, an injury is no less an accident where it is intentionally inflicted by an insured upon another. This construction is not applicable, however, where the injured party is an aggressor in a fight, or blameable for injuries received therein.' 135 F.2d p. 193.

We agree with the Jones court and find no reason to apply different rules to life insurance policies and automobile insurance policies.

Like Jones, a specific provision excluding plaintiff's liability in the event of the insured's assault and battery or intentional conduct is conspicuous in its absence from the challenged policy. ³ While we have carefully evaluated the policy considerations advanced by plaintiff, we find that they were adequately answered by the Jones court's following statement:

'In this regard, it is to be remembered that the insured is not seeking indemnity for the consequences of his own wrongful conduct; and that the...