State Farm Fire & Casualty Co. v. Clendening

Opinion

McCONNELL, J.

*

Robert and Juanita Clendening appeal a judgment finding State Farm Fire and Casualty Company owed no duty under the

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terms of the homeowners insurance policy it had issued to Robert and Juanita to pay any sums to Juanita or to defend Robert in any lawsuit brought by Juanita against Robert. We affirm.

The facts are not in dispute. State Farm issued a homeowners policy to Juanita and Robert Clendening, who lived together as husband and wife; both were named as insureds. On February 19, 1978, while the policy was in effect, Robert caused severe personal injuries, including a broken neck, to Juanita who remains a quadriplegic. Juanita filed suit against Robert seeking compensation for injuries caused by his tortious acts. State Farm filed this action for declaratory relief.

The policy issued to the Clendenings reads, in part, as follows:

“Section II

“Coverages

“Coverage E—Personal Liability:

“This Company agrees to pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury or property damage, to which this insurance applies, caused by an occurrence ....

“Coverage F—Medical Payments to Others:

“This Company agrees to pay all reasonable medical expenses, incurred within one year from the date of the accident, to or for each person who sustains bodily injury to which this insurance applies caused by an accident, while such person is:

“(1) on an insured premises with the permission of any Insured; ...”

“Exclusions

“This Policy Does not Apply:

“1. Under Coverage E—Personal Liability and Coverage F—Medical Payments to Others: . . .

“(g) To Bodily Injury To Any Insured Within The Meaning Of Parts (1) and (2) of Definitions of Insured. . . .