Barrows v. American Family Insurance
842 N.W.2d 508
Wis. Ct. App.2013Background
- A.B. was 11, lived with LaValla and Renfrow in Osceola, WI.
- On Oct 18, 2011, A.B. found an unsecured loaded handgun and shot himself; death classified as suicide.
- Barrows sued Renfrow, LaValla, and American Family for wrongful death based on Renfrow's alleged negligent storage.
- American Family moved for summary judgment arguing intra-insured and intentional injury exclusions barred coverage; circuit court granted.
- This appeal addresses whether the intra-insured exclusion bars Barrows’ wrongful death claim, and whether the policy provides an initial grant of coverage.
- The court adopts the majority rule that intra-insured exclusions bar coverage for wrongful death claims arising from an insured’s death, even when the claimant is a non-insured.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the intra-insured exclusion bar Barrows’ wrongful death claim? | Barrows argues exclusion does not cover a non-insured’s wrongful death. | American Family contends exclusion precludes any claim arising from an insured’s bodily injury. | Yes, exclusion bars the claim. |
| Does the exclusion apply to loss of services resulting from an insured’s death? | Barrows contends loss of services is not a bodily injury to an insured. | American Family argues bodily injury to an insured includes loss of services from insured’s death. | Yes, exclusion covers loss of services arising from insured’s bodily injury. |
Key Cases Cited
- Cincinnati Indemnity Co. v. Martin, 710 N.E.2d 677 (Ohio 1999) (intra-insured exclusion excludes father’s wrongful death claim)
- Wintlend v. Baertschi, 963 S.W.2d 387 (Mo. Ct. App. 1998) (intra-insured exclusion bars relatives’ wrongful death claims)
- Moore, American Motorists Ins. Co. v. Moore, 970 S.W.2d 876 (Mo. Ct. App. 1998) (intra-insured exclusion excludes claims derived from insured’s harm)
- Day v. Allstate Indem. Co., 2011 WI 24 (Wis. 2011) (focus on whether any benefit would accrue to insured; not dispositive here)
- Walker v. State Farm Mut. Auto. Ins. Co., 850 So.2d 882 (La. Ct. App. 2003) (minority rule; wrongful death not covered under umbrella policy exclusions)
- Ruppa v. American States Ins. Co., 91 Wis.2d 628 (Wis. 1979) (wrongful death statute context; injury to insured analysis)