Amica Mutual Insurance Company v. Mutrie
Annotate this CaseIntervenors Scott Kukesh, Eric Kulberg, Jeremiah Murphy, and Gregory Turner, appealed a superior court order granting summary judgment in favor of petitioner Amica Mutual Insurance Company. Amica filed a declaratory judgment action that against respondent Beverly Mutrie. The intervenors were four police officers who served on a drug task force. They executed a search warrant at a property in Greenland where Mutrie's son lived. The property was owned by a trust, of which Mutrie was the trustee. The warrant was issued because there was probable cause that Mutrie's son was engaged in criminal activity. During the execution of the search warrant, Mutrie's son opened fire, wounding the intervenors. Mutrie's son then turned the gun on himself. The intervenors filed a civil suit against Mutrie, alleging that Mutrie was responsible for their injuries because, "with the knowledge, information, and belief" that her son was engaged in criminal activity, she "did recklessly and wantonly allow . . . criminal activity and conduct to take place at the subject property and otherwise directly and indirectly and wantonly and recklessly supported and facilitated [her son's] criminal activity at the subject property." Amica assigned counsel to defend Mutrie, subject to a reservation of rights. In September 2012, Amica filed a petition for declaratory judgment, requesting a ruling that Amica has no duty to defend and indemnify Mutrie because the "reckless and wanton misconduct" alleged by the intervenors in their writ did not constitute an "occurrence" under the Policies. Subsequently, Amica moved for summary judgment. The trial court ruled in favor of Amica. On appeal, the intervenors argued the trial court erred when it concluded that the reckless and wanton acts alleged by the intervenors constituted "inherently injurious" or "intentional" conduct on the part of Mutrie and, therefore, the conduct did not constitute an "occurrence" under the Policies. Finding no reversible error, the Supreme Court affirmed.
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