In May 2010, William Googins and Eric Benson argued after Googins made a comment about a female accompanying Benson. Benson, after being struck in the face by Googins, fell backwards and died when his head hit pavement. Googins served a jail sentence after confessing to and being convicted of aggravated assault.

Upon the Benson Estate suing Googins, the latter admitted that his negligence caused Benson’s death. Googins consented to $400,000 judgment that included a stipulation that the Estate would not seek payment from Googins personally. The judgment was to be paid via Googins assigning his insurance policy rights from Metropolitan Property and Casualty Insurance Company (Metro). Googins was part of his grandmother’s household which was covered by a Metro homeowners policy.

In accordance to the agreement between Googins and the Benson estate, a court granted the $400,000 judgment. The Benson Estate filed an action against Metro to collect the judgment. Metro filed a motion, asking for a ruling that it owed no coverage obligation because its policy excluded intentional acts. The estate filed a cross-motion and it filed an appeal after the lower court ruled in favor of Metro.

The higher court reviewed both parties’ arguments along with considering other cases it felt relevant. In the higher court’s opinion, a coverage obligation existed only if three elements were satisfied. They consisted of a finding that Googins was a resident of the insured household, that the injury had to result from an “occurrence,” and that Googins’ action was not intentional.

The court applied a definition that criminal intent had to apply. In consideration that Googins’ criminal prosecution, confession and other testimony documented his intent to strike Benson, it was irrelevant that Googins argued that he did not intend the resultant death. The court also determined that the lower court appropriately recognized the existence of criminal intent. The lower court ruling in favor of Metro was affirmed.

Metropolitan Property and Casualty Ins. Co., Defendant-Appellee v. Estate Of Eric E. Benson et al., Plaintiff-Appellant Supreme Judicial Court of Maine No CUM-14-492 Filed December 1, 2015. Affirmed. Westlaw 128 A. 3d 1065