Insurance — homeowners insurance — intra-insured exclusions

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Civil
Insurance — homeowners insurance — intra-insured exclusions

An intra-insured exclusion bars a non-insured’s wrongful death claim arising from the death of an insured, even if the claimant is a non-insured.
“We are persuaded by the Ohio Supreme Court’s reasoning in Martin and the Missouri Court of Appeals’ reasoning in Wintlend. Similar to the policies in those cases, American Family’s policy excludes coverage for ‘bodily injury’ to an insured, and it defines bodily injury as ‘bodily harm, sickness or disease’ including ‘resulting loss of services, required care and death.’ Under this definition, ‘bodily injury’ plainly includes any loss of services resulting from bodily harm to the injured person. If we insert the definition of ‘bodily injury’ into the intra-insured exclusion, the exclusion reads, ‘We will not cover [bodily harm, sickness or disease[,] … includ[ing] resulting loss of services, required care and death[,]] to any insured.’ We agree with the Wintlend court that this language unambiguously means the insurer will not cover ‘bodily harm, sickness or disease to an insured, including required care, loss of services and death that results from such injuries.’ See Wintlend, 963 S.W.2d at 390.”

Affirmed.

Recommended for publication in the official reports.

2013AP720 Barrows v. American Family Ins. Co.

Dist. III, Polk County, Anderson, J., Stark, J.

Attorneys: For Appellant: Lundeen, Jonathan B., Hudson; For Respondent: Johnson, James R., Hudson

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