Criminal Acts Not Covered Under Insurance
The seventeen year old son of Carol Greer and Michael Mielczarek (the parents) was killed in an automobile accident. The parents, on behalf of the decedent, filed a lawsuit seeking damages against Mr. David and Mrs. Karen Leifheit. Allegedly the Leifheits were liable for decedent’s death because they willfully and intentionally supplied the minor decedent with alcohol. The Leifheit’s obtained a homeowners insurance policy from Allstate Insurance Company (Allstate) which excluded coverage for criminal acts.
The parents’ complaint alleged the Leifheits willfully supplied alcohol to the decedent, which in turn caused the automobile accident. Allstate filed a motion for summary judgment on the basis that Matthew Leifheit had been found guilty of a misdemeanor, willfully supplying alcohol to a minor. Therefore, because of the criminal act, Allstate had no duty to defend Leifheit, the policy holder.
An insurer has a duty to defend the insured if the facts alleged in the complaint potentially fall within the policy coverage language. In this case, the allegations in the underlying complaint alleged criminal conduct by the Leifheits. Since the policy excluded coverage for criminal acts, Allstate did not have a duty to defend.
Allstate Insurance Company v. Greer, 396 Ill.App.3d 1037, Illinois Case No: 3-08-0654, Opinion Date: December 30, 2009
