For Liability Insurance to Apply the Acts Complained of Must be Fortuitous

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Intentional Acts

In Automobile Insurance Co. of Hartford v. Cook, the court was faced with the legal question of whether an individual’s homeowner’s insurance policy affords coverage when that individual is sued for wrongful death after killing a person in self-defense. On February 20, 2002, defendant Alfred S. Cook shot and killed Richard A. Barber, the decedent, after a disagreement over a business arrangement spun out of control. The decedent had entered Cook’s home without permission. During their discussions, Cook, armed with a handgun, retreated to his bedroom to retrieve a 12-gauge shotgun and then returned to the living room, where the fatal confrontation occurred.