Utah Court of Appeals
Does homeowner's insurance provide coverage for intentional acts by minors? Rosas v. Eyre v. Milbank Explained
Summary
After Gary Eyre intentionally assaulted fellow student Alvaro Estrada by pushing him from his wheelchair, Estrada sued Eyre. Eyre’s father’s homeowner’s insurer, Milbank, refused to defend the claim, and the trial court granted summary judgment in favor of Milbank.
Analysis
The Utah Court of Appeals addressed an important insurance coverage question in Rosas v. Eyre v. Milbank, examining whether a homeowner’s insurance policy provides coverage for intentional acts committed by a minor insured.
Background and Facts
Fifteen-year-old Gary Eyre intentionally attacked fellow student Alvaro Estrada at West High School, pushing Estrada from his wheelchair and causing serious injuries including a perforated bladder. Eyre was adjudicated for aggravated assault in juvenile court after signing a written confession. Estrada subsequently sued Eyre and his father for battery. When Milbank Insurance, which provided homeowner’s coverage to Eyre’s father, refused to defend the lawsuit, Eyre’s father filed a third-party complaint seeking coverage.
Key Legal Issues
The primary issue was whether Milbank had a duty to defend under its homeowner’s policy when the underlying complaint alleged intentional conduct. The policy provided coverage only for damages “caused by an occurrence,” which was defined as “an accident.” A secondary jurisdictional issue arose regarding whether Eyre’s objection to the proposed judgment order constituted a timely post-judgment motion under Rule 59(e).
Court’s Analysis and Holding
The court first determined it had jurisdiction because Eyre’s objection to the proposed order constituted a Rule 59(e) motion to alter or amend judgment, which suspended the appeal period. On the merits, the court applied the principle that an insurer’s duty to defend is determined by comparing the policy language with the complaint allegations. The court defined “accident” as effects that are not the natural and probable consequences of an act. Since Estrada’s complaint clearly alleged intentional battery rather than accidental conduct, the injuries were the natural and probable consequence of Eyre’s intentional acts. Therefore, no “occurrence” existed under the policy, and Milbank owed no duty to defend.
Practice Implications
This decision reinforces that homeowner’s insurance policies typically exclude coverage for intentional acts, even when committed by minor insureds. The court’s jurisdictional analysis also provides guidance on preserving appeal rights through objections to proposed orders that function as post-judgment motions under Rule 59(e).
Case Details
Case Name
Rosas v. Eyre v. Milbank
Citation
2003 UT App 414
Court
Utah Court of Appeals
Case Number
No. 20020898-CA
Date Decided
November 28, 2003
Outcome
Affirmed
Holding
An insurer has no duty to defend claims arising from intentional torts that do not qualify as accidents or occurrences under the policy’s terms.
Standard of Review
Whether appellate jurisdiction exists is a question of law reviewed for correctness. Summary judgment is reviewed for correctness, according no deference to the trial court’s decision.
Practice Tip
When challenging summary judgment orders, file objections to proposed orders before entry of judgment to preserve appellate jurisdiction under Rule 4(b) as post-judgment motions.
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