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Cleveland, Ohio, United States
Currently an attorney and insurance industry professional. Mr. Stoll is a commercial lawyer, arbitrator and mediator who also serves as insurance coverage counsel and advisor to numerous businesses throughout the country. He is also a licensed insurance agent/broker.

March 18, 2012

COURT OF APPEALS

Sheely v. Sheely (3rd Dist., 1-9-12), 2012-Ohio-43. 

FURNISHING ALCOHOL TO MINOR RESULTING IN DEATH, NOT AN "ACCIDENT" UNDER INSURANCE POLICY

The Court determined that there wass no genuine issue of material fact  upon which reasonable minds could conclude that a minor's death was an unexpected,  unforeseeable  event under the circumstances.  Therefore, there was no "occurrence" under  a policy issued by Lightning Rod Mutual Insurance Co.  

A father knowingly engaged in a repeated pattern of conduct over several months in which he    permitted his sixteen-year-old daughter and her minor friends to consume alcohol in his  home. The father also admitted that even though he permitted his daughter to consume liquor, he never cautioned her against alcohol abuse.

On the night of his daughter's death, he purchased a large bottle of 80-proof Vodka, at her  request, and that her consumption of the liquor resulted in her dying from acute alcohol  toxicity.

The Court held that the unintended harm resulting from an adult furnishing alcohol to a     minor is not an "occurrence" covered by an insurance policy, where an "occurrence" is defined as an "accident."  A  homeowner's insurance policy defining 'occurrence' as 'an  accident, including continuous or repeated exposure to substantially the same general  harmful conditions, which results, during the policy period in bodily injury or property  damage,' does not provide coverage where the injury or damage is allegedly caused by the  homeowner's conduct in knowingly permitting an underage adult to consume alcoholic beverages on the homeowner's property.  READ THE CASE 

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