A Sheboygan insurance company is exempt from having to pay after a man accidentally killed his friend in Oconto County three years ago, an appeals court has ruled.
The 3rd District Court of Appeals decided last week that Wilson Mutual Insurance Co. doesn't have to pay because the shooting was a criminal act, not an accident. The decision affirmed a previous ruling by an Oconto County circuit court judge.
The decision came in a lawsuit that stems from a 2010 underage drinking party, where Jordan Walker was playing with his handgun and it went off. The bullet struck and killed 19-year-old Shawn Dobry.
Walker, now 22, was convicted of homicide by negligent handling of a dangerous weapon. He was sentenced to five years in prison.
Dobry's family sued Walker, Walker's family and insurers, but the latest decision means the insurance company is freed from any financial responsibility.
The homeowner's insurance policy says the insurance company would pay for bodily injury or property damage caused by "an accident." But because state law defines negligent homicide as a crime, it cannot be construed as an accident, the court ruled.
And yet the latest thing from the gun control freaks is to demand that we gun owners have insurance on our guns. Do you see the problem here? Insurance companies won't support the kinds of policies that your side demands.
ReplyDeleteI think that is a feature of their plan and not a bug. require insurance to own a gun then make sure nobody will offer you that insurance... win win for them right?
DeleteNo fault insurance on guns, like we have on cars.
DeleteExactly.
DeleteMy "exactly" is to the comment about how insurance is a backdoor gun ban, but the delays in posting replies throws off the flow of the conversation.
DeleteGreg, what you conveniently missed in the article is that according to the insurers and the courts in this case, there are no accidents, only negligence .
DeleteMikeb, you love the courts, unless they rule against your views.
DeleteI see, you disagree with the idea that gun owners should have insurance on their guns. Thanks for clearing that up, now we know.
DeleteThat was never in doubt, as my comments here have stated clearly. I'm always against backdoor gun bans.
DeleteAnother lie by the site liar. Insurance on guns is not a gun ban. I'm starting to agree with those who call you a liar.
DeleteSo I put a heavy object on my roof and come down for a family matter. I forget about the heavy object which later falls off the roof and kills a visitor. Clearly an accident. And clearly negligent homicide. What the hell good is liability insurance if every accident is a crime and the insurance company does not pay out for crimes?
ReplyDeleteGood point.
Delete