(DOWNLOAD) "Metropolitan Property and Liability Insurance Co. v. Kirkwood" by United States Court of Appeals for the First Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Metropolitan Property and Liability Insurance Co. v. Kirkwood
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 15, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
BREYER, Circuit Judge. On April 19, 1982, James Kirkwood shot and killed his stepson, shot and wounded his wife, and then committed suicide. His wife, acting for herself and her son's estate, sought damages from Kirkwood's estate. She and the Kirkwood estate joined in asking Metropolitan Property and Liability Insurance Company to pay the damages according to the terms of Kirkwood's homeowner's insurance policy. Metropolitan believed it was not liable, for the policy covered only negligently inflicted, not intentionally inflicted, injuries. And Metropolitan brought a declaratory judgment action against both wife and estate in federal district court, seeking a determination that Kirkwood had acted intentionally, not negligently. Kirkwood's wife then filed her tort claim against the estate in New Hampshire state court. She claimed (on her own and her son's behalf) that Kirkwood had either acted intentionally or (being drunk) acted negligently. In either event, the estate would be liable. The estate removed the case to federal court.