In June of 2011, while visiting with Malcolm Brown, Dwight Stewart was injured when a gun that Brown was holding, fired. The injury occurred at a dwelling that was owned by Malcolm’s parents, Joseph (his birth father) and DeLisa (his step mother) Hayes. The home was insured in the Hayes’ name under a policy issued by Travelers Casualty and surety Company (Travelers). After a trial court issued a summary judgment in favor of Travelers that no obligation of coverage existed, Stewart appealed.

The Hayes originally lived in the location where the firearm incident occurred. However, at the time of the shooting, the Hayes had been legally separated and had been renting out the home since they both lived elsewhere. Malcolm, at the time of the event, was not a regular resident at the location. However he did have access to the home and, during 2011, had been staying at that location several nights a week. Prior to then, Malcolm had lived apart from the Hayes for several years, in various locations and in other states.

The higher court reviewed the circumstances, including the issue that neither the insureds nor Brown had directly reported the incident. Travelers learned of the shooting in July, 2012 when Stewart’s attorney sent a request that the insurer pay a default judgment against Brown for 1.3 million dollars. That judgment was levied after Brown failed to appear at a jury trial alleging his negligent use of a firearm.

In the higher court’s opinion, the trial court was justified in its finding that, as Brown was not an insured, Traveler’s had no obligation to respond to the claim. Further, as there was no coverage, there was no merit in Stewart’s allegation of bad faith on the part of Travelers. The lower court ruling in favor of Travelers was affirmed.

Travelers Casualty and surety Company, Plaintiff-Appellee v. Dwight Stewart, Defendant-Appellant. USCAppt. 11th District. No. 15-14047. Filed October 14, 2016. Affirmed Westlaw 5746256.