Liability insurance is, by definition, a product that provides financial protection when things don't turn out as planned. Most of the time when this occurs, it's simply a case of bad luck or because things simply happen. But there are other instances in which liability claims are the result of actions that were so ill-conceived or foolhardy that a claim was utterly predictable.
Eventually such incredulous behavior leads to a lawsuit, which leads to an insurance claim —which leads to a coverage dispute, which leads to a reported decision, which leads to the final stage of this insurance circle of life: an appearance in my "Coverage for Dummies" Hall of Fame.
It's easy to make fun of these cases. But the list — grouped here by insurance category — actually says a lot about the role of insurance in society. In many of the cases, the court is required to address whether people can pass off responsibility for knowingly foolish conduct under policies designed to prevent "accidents."
Auto cases
In one case, serious bodily injuries were sustained by motorists who drove off the road after swerving to avoid hitting a target deer that a group of high school friends had placed 15 to 30 yards beyond the crest of a hill, at night, in the middle of an unlit two-lane roadway with a speed limit of 55 mph. Why did they do this? To observe the reactions of motorists suddenly confronted with an obstruction directly in front of them. Allstate Ins. Co. v. Campbell (Ohio Ct. App. Nov. 17, 2009).
In another case, a driver injured a person with his automobile, then exited the vehicle and struck the victim three times with a golf club, breaking three ribs — all in response to the victim entering the insured's property to retrieve a baseball accidentally hit onto the insured's property by the victim's son. Farmers Auto. Ins. Ass'n. v. Danner (Ill. App. Ct. Sept. 3, 2009).
In a third case: In an attempt to annoy his girlfriend, an insured grabbed the steering while she was driving. When she tried to push him away, she lost control of the car and hit a concrete wall. Sunshine State Ins. Co. v. Jones (Fla. Ct. App. 2012).
Related: Insuring autonomous vehicles
Homeowners
An insured responded to a property-line dispute by attaching to the fence at issue life-sized paper targets cut into the shape of human beings that were riddled with bullet holes. And that was probably his tamest response. Browning v. American Family Mut. Ins. Co. (10th Cir. Sept. 22, 2010) (applying Colorado law).
A court addressed coverage for claims against a real estate agent who showed a house — and that's not all he showed — while its owners were out of the country. Warning: Hand sanitizer required. Safeco Ins. Co. v. Skar (D. Minn. July 27, 2011).
A mother was out shopping and her daughters were arguing. Then 16-year-old Francesca retaliated against her 13-year-old sister, Gabriella, by pushing a lit piece of paper into a vent connecting their bedrooms. As a result, the house caught fire and was extensively damaged. Remy v. Travelers Home & Marine Ins. Co. (N.D. Ill. June 11, 2013).
In a category that always has a lot of contenders — Fights Between Neighbors — the award goes to Hartford Underwriters Ins. Co. v. Masters (D. Hawaii June 2, 2011). The insured shined spotlights on a neighbor's property that were of such high intensity that they interfered with the targeted neighbors' sleeping patterns and presented a danger to the Native Hawaiian shearwater birds in the area.
Sports and 'entertainment'
What allegedly not to do at a Little League game: Sit behind home plate, in the lowest row of the bleachers, and tell the catcher, who is someone else's son, that he is making too many mistakes. And especially don't do it six or seven times in one inning. Really don't do it if you need a cane to walk. Baggett v. Allstate Ins. Co. (La. Ct. App. 2010).
What else allegedly not to do at a Little League game, in particular when you're the league president: Assault a spectator, causing multiple facial fractures, including a broken nose, septum and permanent nerve damage. And double especially don't do it when the spectator is a player's grandmother. Nellie Ellison v. Kentucky Farm Bureau Mut. Ins. Co. (Ky. App. Ct. July 9, 2010).
Two men, as part of a celebration of the upcoming birth of a child of one of them, held a party — a "diaper shootout" — to which guests could bring diapers for the new baby and enjoy an afternoon shooting guns. As a grand finale they decided to blow up an old refrigerator. Guests stood behind tables 50 meters away from the refrigerator with explosives placed inside. Upon firing at the refrigerator it immediately blew apart and sent shrapnel flying across the yard. A piece of shrapnel hit a guest's hand, nearly severing it. Yikes. This guy is going to be a parent. Blank-Greer v. Tannerite Sports, LLC (N.D. Ohio Apr. 21, 2015).
An insured was injured when he used his pickup truck and a pulley in an attempt to lift a portable toilet onto a deer stand. Hays v. Georgia Farm Bureau Mut. Ins. Co. (Ga. Ct. App. 2012).
A man's eight-year-old son was playing with friends and wanted to get some sparklers out of the car. Dad used his keyless remote to open the door but did not follow his son to the car — nor check up on him for the next few hours. It turns out that his son didn't retrieve just sparklers from the car (as if that would have been OK) but he took bottle rockets, too. One of the friends lit a bottle rocket that hit another in the eye. Auto Club Property Casualty Ins. Co. v. B.T. (6th Cir. 2015).
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