A federal district court in Georgia has ruled that a homeowner's insurance company had no duty to defend its insured in a lawsuit that followed a shooting at her home where she had not notified the insurer of the shooting.
The Case
As the district court explained, on November 28, 2015, Breanna Blackwell, the daughter of Felicia and Terry Blackwell, drove her car to a party at the home of Monaneka Jones in Athens, Georgia. The party was hosted by Ms. Jones' son, Kawanis Sutton, who lived with his grandparents and not at Ms. Jones' house.
While Ms. Blackwell was still in her car, a gun fight broke out at the party, and she was struck and killed by a stray bullet.
Ms. Jones was not home at the time of the party, but she learned about the shooting incident from Mr. Sutton within 48 hours.
Travelers Indemnity Company of America had issued a homeowner's insurance policy to Ms. Jones that included liability coverage.
Neither Ms. Jones nor Mr. Sutton notified Travelers about the shooting incident or requested coverage under the policy – not after Ms. Jones received a letter from the Blackwells' lawyer in April 2016 stating that litigation was contemplated, not after the Blackwells filed a lawsuit and served Ms. Jones in August 2016, and not after Mr. Sutton was added as a defendant to the Blackwells' lawsuit in March 2017.
Ms. Jones told the Blackwells' lawyer about the Travelers policy during her November 2016 deposition in the Blackwells' lawsuit, and the Blackwells' lawyer immediately contacted Travelers to provide notice of the shooting incident and the Blackwells' lawsuit. Neither Ms. Jones nor Mr. Sutton responded to Travelers' several requests for information about the shooting incident.
Travelers sought a declaration that it had no obligation to defend or indemnify Ms. Jones or Mr. Sutton for liability claims brought against them by the Blackwells.
The insurer moved for summary judgment.
The District Court's Decision
The district court granted Travelers' motion.
In its decision, the district court first found that Mr. Sutton was not entitled to coverage because he was not an insured under the policy. The district court found that the policy only covered Ms. Jones and her relatives who were residents of her household, adding that, based on the record, Mr. Sutton lived with his grandparents and was not a resident of Ms. Jones' household.
Next, the district court decided that Ms. Jones was not entitled to coverage because she had not complied with the policy's requirement that she notify Travelers of an occurrence. In particular, the district court found, Ms. Jones had not notified Travelers of the shooting incident, even after she had received a letter from the Blackwells' attorney stating that litigation was contemplated or after the Blackwells' lawsuit had been filed. Because Ms. Jones had not complied with the policy's conditions precedent to coverage, she was not entitled to coverage under the policy, the district court concluded.
The case is Travelers Indemnity Co. of America v. Jones, No. 3:17-CV-92 (CDL) (M.D. Ga. March 20, 2018). Attorneys involved include: For TRAVELERS INDEMNITY COMPANY OF AMERICA, Plaintiff: DAVID M ATKINSON, JONATHAN JAY KANDEL, ATLANTA, GA. For FELICIA BLACKWELL, parent of deceased BREANA BLACKWELL, TERRY BLACKWELL, parent of deceased BREANA BLACKWELL, Defendants: COLIN H MORIARTY, LEAD ATTORNEY, Moriarty Law, PC, ATHENS, GA.