Michael F. Schmidt Obtains Summary Disposition In A Declaratory Action That Homeowner Policy Did Not Provide Coverage For Wrongful Death Suits Against The Insured’s Son
Depositors Insurance Company v Dahlia Luera-Harris, Personal Representative of the Estate of Anthony Harris, et al, Ingham County Circuit Court, declaratory judgment case we filed on behalf of Depositors Insurance Company to argue there was no duty to provide coverage or a defense to Depositors’ insured’s son pursuant to a homeowner policy. The Depositors’ insured’s son had rented an apartment and it was alleged in three underlying wrongful death cases that he and his roommates had held a party at their apartment at which alcoholic beverages were provided to minors. After the party a minor who attended the party was involved in a motor vehicle accident in which three other minors were killed. We filed a motion for summary disposition arguing that there was no coverage or duty to defend because there was no “occurrence” for providing alcoholic beverages to minors, and even if there was an “occurrence”, coverage would be excluded by the motor vehicle liability exclusion, the business exclusion, the controlled substance exclusion and the expected or intended injury exclusion. The plaintiffs in the pending wrongful death cases filed a joint response brief and counter-motion for summary disposition arguing that there should be coverage and a duty to defend as a matter of law. The court held oral argument and issued its opinion granting summary disposition to Depositors Insurance Company and denying summary disposition to the underlying plaintiffs holding that there was no coverage or duty to defend because there was no “occurrence”, and if there was an “occurrence”, coverage would be excluded by the motor vehicle liability exclusion.