Ohio Court of Appeals Upholds Insurance Exclusions in Fatal Shooting Case

The Fourth District Court of Appeals of Ohio recently affirmed a lower court’s decision that American Modern Property and Casualty Insurance Company has no duty to defend or indemnify in a wrongful death case stemming from a fatal shooting.

In Feick v. Miller, the court ruled that both the “intentional acts” and “criminal acts” exclusions in the homeowner’s policy properly applied, barring coverage for damages resulting from the insured’s actions that led to a reckless homicide conviction.

The court held that when policy language clearly excludes coverage for intentional acts (regardless of whether harm was intended) and criminal acts, no further analysis of the insured’s intent is necessary.

This case reinforces the importance of understanding insurance policy exclusions and highlights how courts interpret policy language when determining coverage obligations.

Luke Baker, a Partner in CRUG’s Columbus Office, successfully handled the case for the prevailing insurer. 

see link to decision: https://www.supremecourt.ohio.gov/rod/docs/pdf/4/2025/2025-Ohio-1538.pdf

Luke Baker