American Nat. Fire Ins. Co. v. Fournelle Est

In American Nat. Fire Ins. Co. v. Fournelle Est. (Minn.1991) 472 N.W.2d 292, a husband who was a named insured under a homeowners policy together with his wife, but who did not reside in the family home, shot and killed his two teenage sons and himself in the wife's house. (Id. at p. 293.) The wife sued the husband's estate for wrongful death. (Ibid.) The insurer contended that because the homeowners policy contained a resident relative exclusion, it did not provide coverage for the husband's liability. (Id. at pp. 293-294.) Fournelle concluded that the severability clause required that the exclusion be assessed only from the standpoint of the husband, as it was the husband's estate that was seeking coverage, and that the wife's coresidence with the sons should be disregarded. (Id. at p. 294.) Because the sons did not reside with the husband at the time they were shot, the resident relative exclusion did not apply, even though the sons did reside with their mother who was also a named insured under the policy. (Ibid.) Fournelle explained that "severability demands that policy exclusions be construed only with reference to the particular insured seeking coverage." (Ibid.)