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Court: Shooting not an 'occurrence'

KEITH KINNAIRD | Hagadone News Network | UPDATED 7 years, 1 month AGO
by KEITH KINNAIRD
News Editor | March 31, 2018 1:00 AM

SANDPOINT — The Idaho Supreme Court is upholding a lower court ruling which held that an intentional shooting at a Bloom Lake campground cannot be classified as an “occurrence” for insurance purposes.

The shooting occurred in 2015 on a 200-acre parcel owned by Edgar and Laurie Cook.

Joseph Stanczak and his girlfriend were camping on the property when the campground’s caretaker invited them into his cabin.

An altercation ensued and Chisholm shot Stanczak twice with .45-caliber pistol and fled the scene, touching off a manhunt that ended in his arrest.

Chisholm entered an Alford plea to aggravated battery with a deadly weapon and was ordered to serve a two- to 10-year prison term.

Chisholm, 69, was released on probation in January, according to the Idaho Depart-ment of Correction’s website.

Stanczak made claims against Chisholm, the Cooks and Farm Bureau Mutual Insurance Co. of Idaho, which covered the Cooks’ property, for injuries stemming from the shooting. Farm Bureau, however, determined it had no duty to defend against Stanczak’s complaint.

Farm Bureau petitioned for a judicial declaration that there was no coverage under the policy for Stanczak’s injuries, nor did it have a duty to defend the Cooks against Stanczak’s claims against them. The Cooks counterclaimed, asserting a breach of contract and requested a declaration of coverage.

First District Judge Barbara Buchanan ultimately found in favor of Farm Bureau, which prompted the Cooks to appeal. The couple asserted that coverage exists under the policy since the determination whether an event was an “occurrence” — defined as an accident — should be viewed from the standpoint of the insured.

But Justice Robyn M. Brody, citing established case law, held that Idaho is a “nature of the event” state and not a “standpoint of the insured” state.

“There is no perspective from which a reasonable person could possibly view Stanczak’s injuries as result from anything other than an assault in this case. An intentional shooting caused the injuries, and thus the shooting was not an ‘occurrence’ under Idaho law,” Brody wrote in a seven-page ruling released on Friday.

Farm Bureau sought attorney fees on grounds the appeal was brought frivolously, but Brody declined.

“The Cooks made a good faith argument to overturn existing case law. While we were not persuaded, they did not pursue the case frivolously or unreasonably. Their arguments were not without foundation,” he wrote.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

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