Allstate Insurance v. Simms’s Empirical Analysis

Citation profile

1 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The facts relevant to plaintiff’s claim come from the transcript of defendant Zinn’s criminal trial. They are not in dispute. Harold Simms, Jr., was shot and killed by Donald Zinn on January 1, 1982. Zinn was charged with the murder of Simms and with first degree manslaughter in the death of Charles Lewis. He was convicted of criminally negligent homicide in connection with the death of Simms. At about 12:30 a.m. on the morning of the shooting, Zinn rested on his bed. He intended to pick up his fiancee after she finished bartending at 2:30 a.m. Zinn was awakened when someone turned on the bedroom overhead light. Zinn recognized Lewis, a former boyfriend of his fiancee, standing in the bedroom doorway. Lewis demanded to talk to Zinn. Zinn jumped from his bed, rushed to the bedroom closet, and grabbed a loaded rifle. As Zinn began to back out of the closet, he was held by Simms. After a brief discussion, Simms released Zinn and Zinn unloaded several cartridges onto the bed. Simms backed out of the bedroom and seated himself in the living room. As Zinn left the bedroom he picked up the cartridges from the bed, pushed Lewis out of the bedroom and reloaded the rifle. As Lewis began to approach Zinn, Zinn pointed the rifle at Lewis, told him he was trespassing, and demanded that Lewis leave the house. Lewis continued to approach and Zinn repeated his demand. Zinn then shot Lewis. He then shot Simms as Simms was getting out of the chair. Simms advanced toward Zinn, and Zinn shot him”

   1 later decision quote this exact passage
   e.g. 652 F. Supp. 1177 - State Auto Mutual Insurance v. McIntyre Ex Rel. Buck

2. “The majority of courts hold, however, that an intentional injury exclusion precludes coverage for intentional injuries caused by the insured, even where the insured is acting in self-defense. Lockhart v. Allstate Insurance Co., 119 Ariz. 150, 579 P.2d 1120 (Ariz.Ct.App.1978); Clemmons v. American States Insurance Co., 412 So.2d 906 (Fla.Dist.Ct.App. 1982); Hartford Accident and Indemnity Co. v. Krekeler, 363 F.Supp. 354 (E.D.Mo.1973), rev’d on the other grounds, 491 F.2d 884 (8th Cir.1974). In Lockhart v. Allstate Insurance Co., supra, the insurance company contended that its policy provided no coverage even if the insured was acting in self-defense at the time he allegedly shot the victim. The Arizona Court of Appeals held that the intentional injury exclusion precluded coverage. It provided the following rationale: The insurance policy excludes coverage for an intentional act of the insured which was intended to cause injury or which could be expected to cause injury. The question of self-defense presents an issue of motive or justification for an intentionally caused harm but does nothing to avoid the inference of intent to harm that necessarily follows [the victim]. Home Insurance Company v. Neilson, [ 165 Ind.App. 445 , 332 N.E.2d 240 (1975)]. [The insured’s] own statement demonstrates that he intended to shoot the gun and to cause injury. Whether he intended the precise injuries which occurred is immaterial. We are of the opinion that despite [the insured’s] affidavit s”

   1 later decision quote this exact passage
   e.g. 652 F. Supp. 1177 - State Auto Mutual Insurance v. McIntyre Ex Rel. Buck

3. “23 . That is, insofar as the research of this Court has disclosed. 24 . The insurance policy in Simms contains the following exclusion: “We do not cover bodily injury or property damage intentionally caused by an insured person.”

   1 later decision quote this exact passage
   e.g. 652 F. Supp. 1177 - State Auto Mutual Insurance v. McIntyre Ex Rel. Buck