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Insurers 4 and 0 on the day: Auto Club not required to cover accidental shooting

Insurers enjoyed a good day in Michigan on June 18.  The Court of Appeals reported four injury cases, and all four were wins for insurers and defendants.  The last reported decision involved 15-year old Cody, a resident of Dan Mitchell's household. 

Cody took possession of Mitchell's rifle and accidentally shot his friend Marissa in the abdomen.  The Auto Club insured Mitchell and his household, and filed a declaratory judgment action, asking the court to rule that it did not owe Mitchell coverage for negligent supervision of Cody or the rifle.  The Court ruled that Cody's action in continuing to load and fire a rifle with a defectively operating magazine, and the fact that he had pointed it in the direction of Marissa, constituted "reckless use of a firearm" and therefore a [negligent] criminal act which was excluded from the Auto Club's coverage duties.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262