Keeley issued the order granting Allstate’s motion for summary judgment on Aug. 10, ruling that the coverage under an automobile insurance liability policy was not triggered when Jody Hunt shot and killed two individuals, according to the memorandum and order granting Allstate’s motion for summary judgment.
On Dec. 1, 2014, Hunt shot and killed Douglas Brady and Jody Taylor before committing suicide approximately 12 hours later, according to the court documents.
Hunt drove to Brady’s place of business, where he shot Brady in the head and left. He then drove to Taylor’s house, where he allegedly shot Taylor from the cab of the moving truck.
Hunt used his 2011 Ford F-150 truck, which was insured by Allstate, to drive himself to the locations where he shot Brady and Taylor, according to the court documents.
Cathy Brady and Cassandra Taylor, the personal representatives for the estates of Douglas Brady and Jody Taylor, filed wrongful death lawsuits against Allstate in Monongalia Circuit Court. Allstate instituted the declaratory action to determine whether it provides coverage for the defendants’ claims.
“Although the defendants’ underlying state court claims allege negligence, the intentional nature of the shootings is undisputed; the defendants reference how Hunt ‘hunt[ed] down’ the victims,” the order states. “Additionally, Hunt expressed his intentions and what motivated the shootings in his Facebook post, describing his actions that day as ‘a struggle to see that those who strives [sic] to hurt me received their fair pay of hurt like I received.’”
Keeley wrote that this clearly indicates Hunt’s intention to inflict the harm he caused when he shot Taylor and Brady.
“Thus, even if Hunt’s actions had triggered coverage, because the shootings were intentional, the Allstate Policy’s exclusions clause would not provide any coverage beyond the minimum limits,” the order states.
The court granted Allstate’s motion for summary judgment and dismissed the lawsuit with prejudice.
Hunt also shot and killed Sharon Berkshire and Michael Frum at a Sunset Beach Road residence. They were not a part of the lawsuit.
U.S. District Court for the Northern District of West Virginia case number: 1:15-cv-00150
