FARM BUREAU MUTUAL INSURANCE COMPANY OF IDAHO, Plaintiff-Respondent,
EDGAR WILKINS COOK JR. and LAURIE FRANCES COOK, husband and wife, Defendants-Appellants, and JOSEPH STANCZAK, Defendant.
from the District Court of the First Judicial District of the
State of Idaho, Bonner County. Hon. Barbara A. Buchanan,
district court's judgment is affirmed.
Vernon & Weeks, P.A., Coeur d'Alene, for appellants.
Wes S. Larsen argued.
Troxell Ennis & Hawley LLP, Boise, for respondent. James
L. Martin argued.
case involves the interpretation of the insuring clause of a
bodily injury liability provision in a property insurance
contract. This case originated from an intentional shooting
at a campground. Michael Chisholm shot Joseph Stanczak during
an altercation on property owned by the Cooks, who had
property insurance through Farm Bureau. Farm Bureau
determined it had no duty to defend or indemnify the Cooks
because the shooting was not a covered act under the policy.
Farm Bureau filed a declaratory judgment action seeking
judicial confirmation of its determination. Farm Bureau filed
a motion for summary judgment, requesting that the district
court find as a matter of law that the intentional shooting
was not an "occurrence." The district court granted
Farm Bureau's motion. We affirm the district court's
judgment in favor of Farm Bureau.
and Laurie Cook own 200 acres of property
("Property") in Bonner County, Idaho. The Property
includes Bloom Lake, a cabin, and a campground. The Cooks
allow people to use the lake and campground without charging
a fee, but they solicit voluntary donations to help with the
Property's upkeep. Approximately twenty years ago,
Michael Chisholm asked the Cooks if he could stay in the
cabin in exchange for maintaining the Property. They agreed,
and Chisholm began caring for the Property.
28, 2015, Joseph Stanczak and his girlfriend were camping at
the Property. Chisholm invited them into the cabin, and a
dispute later arose between Chisholm and Stanczak. Chisholm
shot Stanczak twice with a .45 caliber handgun, then left the
scene. Authorities later apprehended Chisholm and charged him
with Aggravated Battery and Use of a Deadly Weapon in
Commission of a Felony. Chisholm entered an Alford
plea, by which he pleaded guilty without admitting guilt as
to all the elements of the crimes. He was sentenced to
Cooks have an insurance policy ("Policy") with Farm
Bureau that insures the Property. The Policy's only
insureds are Edgar and Laurie Cook. The Policy includes the
following relevant definitions:
Occurrence means an accident, including
continuous or repeated exposure to the same harmful
conditions, which results in unexpected bodily
injury or property damage during
the policy period. All bodily injury and
property damage resulting from a common
cause will be considered the result of one
the Policy's Section II contains two relevant coverage
sections: F1 (Bodily Injury Liability) and F2 (Premises
Medical). Coverage F1 provides in relevant part:
If a claim is made or a suit is brought against any
insured for damages because of
bodily injury or property
damage, caused by an occurrence to
which this coverage applies, we will:
1. Pay up to our limit of liability for the damages for which
the insured is legally liable (damages
includes any ...