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09/28/89 Rockford Mutual Insurance v. Jesse Shattuck Et Al.

September 28, 1989

ROCKFORD MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLEE

v.

JESSE SHATTUCK ET AL., DEFENDANTS-APPELLANTS



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

544 N.E.2d 843, 188 Ill. App. 3d 787, 136 Ill. Dec. 157 1989.IL.1559

Appeal from the Circuit Court of Winnebago County; the Hon. Harris H. Agnew, Judge, presiding.

Rehearing Denied October 27, 1989.

APPELLATE Judges:

JUSTICE McLAREN delivered the opinion of the court. UNVERZAGT, P.J., and LINDBERG, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCLAREN

Defendants, Jesse Shattuck, individually, and Jesse Shattuck, as administrator of the estate of Kimberly Shattuck, deceased, appeal from the order of the circuit court of Winnebago County. The court entered judgment in favor of plaintiff, Rockford Mutual Insurance Company (Rockford), on its complaint for declaratory relief. The court found that Rockford was not liable under its policy of insurance. We affirm.

On March 30, 1987, Paul Bouchard was convicted of the murder of Kimberly Shattuck. Bouchard was found guilty but mentally ill. Subsequently, Jesse Shattuck, husband of the decedent, filed a complaint pursuant to the Wrongful Death Act (Ill. Rev. Stat. 1987, ch. 70, pars. 1, 2) and the Survival Act (Ill. Rev. Stat. 1987, ch. 110 1/2, par. 27-6). On May 23, 1988, judgment was entered in favor of Jesse Shattuck, administrator of the estate of Kimberly Shattuck, and against Paul Bouchard in the amount of $451,456.60. Rockford filed a complaint for declaratory judgment seeking a finding that it was not obligated to pay any portion of the judgment.

It was stipulated that Bouchard was insured under a homeowner's insurance policy issued by Rockford. The policy in question contained the following language:

" We will pay on behalf of an Insured for damages resulting from bodily injury or property damage caused by an occurrence, if the Insured is legally obligated."

" Occurrence in Section II -- Liability Coverage, means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage."

"Liability Medical Payments and Moral Obligation (Coverages W, Y and Z) do not apply to bodily injury or property damage:

1. caused intentionally [emphasis added] by or at the direction of an Insured."

At trial, Rockford offered into evidence a certificate of conviction establishing that Bouchard had been found guilty of murder and, also, that he was mentally ill at the time of the offense. It was stipulated that Bouchard was represented by counsel in the criminal case and that Bouchard presented a defense of insanity. Rockford rested after presentation of this evidence. Defendants presented testimony from three witnesses: Dr. Anthony D'Souza, a psychiatrist; Dr. Frank Cushing, a clinical psychologist; and Paul Bouchard. Both Dr. D'Souza and Dr. Cushing had testified at Bouchard's criminal trial in support of his insanity defense. They were of the opinion that Bouchard suffered from paranoid schizophrenia. Each doctor testified that Bouchard's mental disease rendered him incapable of appreciating ...


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