2010AP385 Wright v. Allstate Casualty Co.

Listen to this article

Insurance
Intentional acts exclusion; mental illness

An intentional acts exclusion in a homeowners policy applies, even if the insured lacks the mental capacity to govern his conduct.

“While Wright correctly articulates Wicka’s logic, and while cases in several states do in fact hold that insanity is a bar to applying the intentional acts exclusion, we observe that this view is not universally followed. Rather, numerous other courts have held, under what has been called the narrow view, that injury caused by a mentally ill insured who is incapable of distinguishing right from wrong is still intentional where the insured understands the physical nature of the consequences of the acts and intends to cause injury. See Prasad v. Allstate Ins. Co., 644 So.2d 992, 995 (Fla. 1994). For example, in Miller v. Farm Bureau Mut. Ins. Co., 553 N.W.2d 371, 377 (Mich. Ct. App. 1996), the Michigan Court of Appeals held that, ‘when the evidence unequivocally shows that the insured intended his or her actions, the existence of mental illness does not alter that conclusion.’ Id. It further explained, ‘[e]vidence that an insured suffers from mental illness, standing alone, does not create a genuine issue of material fact regarding whether the insured intended his actions or the consequences of his actions.’ Id. at 375.”

“We agree with the reasoning expressed by Miller and the numerous other cases that similarly analyze this issue, and conclude that the intentional acts exclusion in Maria’s policy excludes coverage. Although Rene was not subject to criminal penalties because of his mental illness, the nature of his acts does not change. Rene intentionally shot and killed Mark. He admitted as much to the jury, and the jury found him guilty of first-degree intentional homicide. In this instance Rene’s mental illness did not prevent him from intending his actions. Therefore, there can be no coverage.”

Affirmed.

Recommended for publication in the official reports.

2010AP385 Wright v. Allstate Casualty Co.

Dist. I, Milwaukee County, White, J., Curley, J.

Attorneys: For Appellant: Hunt, Kay N., Minneapolis, MN; Jacobson, Thomas R., Hudson; Odeen, Diane M., Hudson; For Respondent: Benson, Christine M., Waukesha; Anacker, Stephanie Hanold, Waukesha

Full Text