Insurer Must Defend Killer's Mother In Wrongful Death Suit

Law360 (April 23, 2019, 10:33 PM EDT) -- A Wyoming man convicted of a 2014 murder was not an insured "resident" under his mother's homeowners insurance policy, so the insurer cannot cite a policy exclusion for intentional acts to deny her coverage of a wrongful death action brought by the victim's family, the Tenth Circuit ruled Tuesday.

A three-judge panel reversed a Wyoming federal judge's ruling that American National Property and Casualty Co. doesn't have to defend or indemnify Dora Sam in the still-pending suit brought by the parents of Tyler Burns, who was murdered by Sam's then-16-year-old son Phillip in a Cheyenne park. The Burnses have accused Sam...

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