Allstate Indemnity Company v. Hieber

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2014 IL App (1st) 132557
Decision Date: 
Wednesday, December 17, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
MASON
Court properly granted summary judgment for insurer, holding that insurer is not required to defend or indemnify insured homeowners for son’s accidental shooting death of friend when waving loaded gun around a group of friends who had been drinking and using drugs all day. Son elected to go to trial on involuntary manslaughter charge, for which he was convicted, and his conviction was a final determination on merits. State of mind necessary to conviction is implicated by policy exclusion for criminal acts.(PUCINSKI, concurring; HYMAN, dissenting.)