Is Injury in the Course of Self-Defense an Occurrence?
Post 5171
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When There is no Accident the Intentional Acts Exclusion is Irrelevant
The case involves a tragic incident where Kimberly Mollicone was killed during a gunfight between her husband, Matthew Mollicone, and Daniele Giannone. The central issue is whether Giannone’s actions, taken in self-defense, are covered under his State Farm homeowner’s insurance policy.
In State Farm Fire And Casualty Company v. Daniele Giuseppe Giannone; Heidi C. Aull, personal representative for the estate of Kimberly Ann Mollicone, Nos. 24-1264, 24-1265, United States Court of Appeals, Sixth Circuit (August 5, 2025) resolved the dispute.
THE INSURANCE COVERAGE
Although rare in insurance contracts the policy in question provides coverage for the insured’s liability to third parties who are injured in an accident, State Farm’s policy includes a self-defense exception to the intentional-acts exclusion. Sixth Circuit discussed various legal precedents and interpretations of the policy language, focusing on whether actions taken in self-defense can be considered “occurrences” under the policy.
Appellate courts have generally held that intentional actions taken in self-defense are not accidental and therefore do not constitute occurrences under the policy.
The decision explored the interplay between the personal liability coverage provision, the intended-acts exclusion, and the self-defense exception. It highlights the importance of interpreting the insurance contract as a whole to honor the intent of the parties involved.
Ultimately, the court affirmed the district court’s decision that Giannone’s actions did not qualify as an “accident,” and therefore, State Farm had no duty to indemnify or defend him in the state-court litigation.
ANALYSIS
The key issue before the Sixth Circuit whether Ms. Mollicone’s shooting constituted an “occurrence.” The policy defined an occurrence as “an accident” that results in “bodily injury” or “property damage.” Ms. Mollicone’s estate and Giannone argued that while Giannone intended to fire the gun, he did not intend to injure or aim at Ms. Mollicone, and her injuries are therefore a covered accident.
Michigan law defines an accident, for purposes of interpreting insurance contracts, as an undesigned contingency, a casualty, a happening by chance, something out of the usual course of things, unusual, fortuitous, not anticipated, and not naturally to be expected. Generally, an accident may include an unforeseen consequence of an intentional act.
But unforeseen consequences are not accidental when the intended act created a direct risk of harm from which the consequences should reasonably have been expected by the insured.
Unless the policy language specifies otherwise, Michigan uses a subjective standard, meaning the appellate court must look to whether the insured should have reasonably expected the consequences of his act. To prevail, then, Ms. Mollicone’s estate and Giannone must show that Ms. Mollicone’s death was not a foreseeable result of aiming and shooting a gun at the vehicle she occupied.
The Sixth Circuit concluded that they cannot make the needed showing.
Giannone aimed his loaded gun at Mr. Mollicone and fired, expecting a bullet to leave the chamber. The act took place as intended, even if Giannone desired a different result.
Giannone subjectively intended to cause harm, just not the harm that ultimately came about. Accordingly, Giannone’s conduct was not accidental and not a covered occurrence.
Ms. Mollicone’s estate and Giannone next argued that the analysis changes if Giannone was plausibly acting in self-defense. Along these lines, Giannone claims that he saw a gun poke out of the passenger window and, out of concern for his and his family’s safety, fired back. At the stage of the appeal the factual record is not developed enough to determine whether Giannone acted in self-defense. But the Sixth Circuit did not need to reach the question of self-defense, because such a determination would not affect State Farm’s liability.
The Sixth Circuit noted that the Michigan Supreme Court has held that actions taken in self-defense are “intentional.” [Auto-Owners Ins. Co. v. Harrington, 565 N.W.2d 839, 842-43 (Mich. 1997).] In Harrington, an insured man intentionally shoo an intruder who he had reason to believe was armed and intended harm. The court held that the insured’s actions were not covered under his insurance policy, because actions taken in self-defense were different from “those that are purely accidental” and excluded as intentional acts. Harrington‘s reasoning implies that, under Michigan law, intentional actions taken in self-defense are not accidental. They likely thus do not constitute an “occurrence.”
Ms. Mollicone’s estate and Giannone are wrong to suggest it matters if Giannone was acting in self-defense. Even if Giannone were validly acting in self-defense such that the events fall into the exception to his intentional-acts exclusion, his actions were not accidental. So, the occurrence provision still precludes coverage.
In sum, Ms. Mollicone’s death was a direct result of Giannone’s foreseeable actions. Therefore, Ms. Mollicone’s estate and Giannone cannot show that Giannone’s actions fall under the policy’s definition of an “occurrence”without which coverage cannot exist making the intentional act exclusion surplusage.
Because Kimberly Mollicone’s death was the direct and foreseeable result of Giannone’s actions, there is no coverage under the policy.
ZALMA OPINION
Occurrence, as defined, is the key to every liability insurance contract. If there is no occurrence, no accident, there can never be coverage and there is no need to consider exclusions.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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