Insurance – Homeowners – Exclusion – Named Insured – Shooting Death
According to the complaint, a husband accidentally shot and killed his estranged wife at their home and then shot and killed himself. The wife’s estate obtained a default judgment against the husband’s estate, and the husband’s estate seeks indemnification pursuant to homeowners’ insurance policy issued by defendant. Since the wife was a named insured under the policy, an exclusion in the policy precludes personal liability coverage for claims brought as a result of her death.
State v. Phillips Since defendant did not object at trial when the trial court referred to the prosecuting witness as “the victim,” he is only entitled to plain-error review. Considering the fact that our courts have on many occasions said that the use of the term “victim” in jury instructions is not an expression of opinion, and considering the horrifying facts of the assault in the instant case, we can discern no prejudicial error as a result of the trial court’s use of the word “victim” to identify the state’s prosecuting witness during its jury instructions.
State v. Hill Even though the carrying-a-concealed-weapon charge was based on a razor blade stuck to the underside of a table in a day room to which defendant’s access was non-exclusive and out of his control, he had regularly scheduled access to the day room, he had been seated at the table under which the blade was discovered on the same day it was discovered, the blade was one of two taken from a pencil sharpener, and the other blade was found in defendant’s cell.
State v. Leach : Although the defendant-prisoner alleged that his Mutual Agreement Parole Program contract required his release if he complied with the conditions set out in that document, he failed to attach the complete MAPP contract to his habeas application.