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
