Insurer Must Indemnify Teen For Fatal Attack, Despite Exclusion Regarding Intentional Conduct

 Wednesday, June 19, 2019

 Canadian Underwriter

An American judge says an insurance company must extend liability coverage to a teenager who was convicted of criminally negligent homicide after a Wilmington, Delaware school bathroom attack captured on cellphone video that left a 16-year-old girl dead.

The Superior Court of Delaware ruled June 12 that USAA Casualty Insurance Company must indemnify Trinity Carr under her mother’s homeowner’s policy, which covers claims for bodily injury.

Carr is a defendant in two lawsuits filed by the family of Amy Joyner-Francis.

An autopsy found that Joyner-Francis, who had a rare, undetected, heart condition, died of sudden cardiac death, aggravated by physical and emotional stress from the April 2016 fight at Howard High School of Technology in Wilmington.