ARS 13-807 Interpretation
In American Family Mutual Insurance Co. v. White, 204 Ariz. 500, P16, 65 P.3d 449, 455 (App. 2003) the Court interpreted 13-807 in the context of deciding whether a homeowner's insurance policy exclusion applied. Id. P1.
The policy stated:
"We will not cover bodily injury or property damage arising out of . . . violation of any criminal law for which any insured is convicted." Id. P5.
After the insured had pled guilty to reckless aggravated assault, the victim sued for damages based on negligence. Id. PP3-4.
The court noted that the victim/plaintiff "stands in the shoes" of the defendant and had no greater rights in the policy. Id. P16.
It then stated in dicta and without citing any authority that "because the insured waived his claims of self-defense and defense of others by pleading guilty to aggravated assault, victim/plaintiff cannot raise those defenses in the civil action." Id.