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Conviction for Second-Degree Reckless Homicide Could be an Accident  

When there is a severe injury, like the criminal death of a child,  litigation results in an attempt to collect from an insurer since the  convict will have little or no assets to pay for the loss. 

 In Lindsey Dostal, Individually and as Special Administrator of the  Estate of Haeven Dostal v. Curtis Strand and ABC Insurance Company,  State Farm Fire and Casualty Company, Intervening, No. 2020AP1943, 2023  WI 6, Supreme Court of Wisconsin (January 26, 2023) the Wisconsin  Supreme Court was asked to allow the mother of the child to seek the  criminal whose conduct - the father of the child - accidentally caused  the death so that State Farm, the convicted father\'s insurer, must pay  the mother for the loss of her child.  FACTS  Lindsey Dostal (Dostal) sought review of a court of appeals decision  affirming the circuit court\'s grant of summary and declaratory judgment  in favor of State Farm.   Dostal sued Strand for negligence and wrongful death.  Strand tendered  the matter to State Farm, his homeowner\'s insurer, seeking defense and  indemnification.  

The insurance policy in this case sets forth that coverage is provided  for an "occurrence." An "occurrence," in turn, is defined under the  policy as an "accident," which results in, as relevant here, "bodily  injury."  

RESIDENT RELATIVE EXCLUSION  The parties\' submissions demonstrate that there are genuine issues of  material fact as to the question of whether Haeven was a resident  relative of Strand. Accordingly, summary judgment was inappropriate on  this issue.  

INTENTIONAL ACT EXCLUSION  If the conduct is intentional and if the conduct is substantially  certain to cause injury, the Supreme Court could infer intent to injure  only if the degree of certainty that the conduct will cause injury is  sufficiently great to justify inferring intent to injure as a matter of  law.  However, the Supreme Court cannot infer intent to injure as a matter of  law merely because the insured\'s intentional act violated the criminal  law. Conviction of a crime gives rise to an inference that an insured  intended injury as a matter of law in two circumstances, but only: (1)  if intent to injure is an element of the crime, and (2) if the crime in  question involves the insured committing an intentional act that carries  with it a substantial risk of injury or death.