Ceasar v QBE Insurance (International) Ltd [2001] GUSC 6; 2001 Guam 06 (13 March 2001)

IN THE SUPREME COURT OF GUAM

CONSY CEASAR, as Special Administratrix of the
ESTATE OF RESKY CEASAR, DECEASED
Plaintiff-Appellant

vs.

QBE INSURANCE (INT'L), LTD.,
Defendant-Appellee

OPINION

Filed: March 13, 2001

Cite as: 2001 Guam 6

Supreme Court Case No. CVA00-004
Superior Court Case No. CV1776-99

Appeal from the Superior Court of Guam
Argued and submitted on October 24, 2000
Hagåtña, Guam

Appearing for Plaintiff-Appellant: William C. Bischoff, Esq. Suite 600D GCIC Building 414 W. Soledad Ave. Hagåtña, Guam 96910

Appearing for Defendant-Appellee: John A. Spade, Esq. Mair, Mair, Spade, & Thompson, P.C. Suite 807, GCIC Building 414 W. Soledad Ave. Hagåtña, Guam 96910

BEFORE: BENJAMIN J. F. CRUZ, Chief Justice; PETER C. SIGUENZA, JR., Associate Justice; and JOHN A. MANGLONA, Designated Justice.

SIGUENZA, J.:

[1] The Administratrix of an estate brought legal action against an automobile insurer to recover liability compensation for injuries suffered by decedent when he was struck by an automobile. The insurer moved for summary judgment claiming that the injuries were caused by the intentional act of the driver and that compensation was therefore barred by the exclusionary provisions in the policy and by statute. The trial court granted summary judgment and held that Guam's mandatory automobile insurance law does not permit compensation for an intentional act of an insured and that the conviction of the driver for aggravated assault proved his intent as a matter of law. We agree that the mandatory automobile insurance law does not permit compensation for an insured's intentional act. However, while we hold that the conviction does not by itself prove intent as a matter of law, it and other undisputed facts on the record do prove intent. We affirm the trial court's judgment on other grounds.

I.

[2] Resky Ceasar, Narwitt Narian (ANarian@) and others were involved in an all night drinking party when a quarrel began between them and a drunken brawl followed. In the midst of the brawl, Narian entered a car, drove in the direction of Resky Ceasar, struck him, and fled the scene. Resky Ceasar later died from the injuries he sustained in this incident. In the resulting criminal action against him, Narian pled guilty to and was convicted of aggravated assault as a third degree felony. The car had been lent to Narian by his sister who had insured the car with QBE Insurance (International) Ltd. (AQBE@) for the minimum liability coverage required by Guam's mandatory automobile insurance law.

[3] During probate proceedings to settle Resky Ceasar's estate, Superior Court Probate Case No. PR0110-99, Coney Ceasar, as the court appointed administratrix of the decedent's estate, filed a claim with QBE to collect the insurance coverage for the death of Resky Ceasar. This claim was denied by QBE on the basis that the insurance policy on the car excluded claims for personal injury or death proximately caused by wilful or unlawful conduct on the part of the named insured, or a permissive user. Consy Ceasar, as administratrix, then filed the instant action, Superior Court Civil Case No. 1776-99, to collect the claim.

[4] A Motion for Summary Judgment was brought by QBE asserting that, as a matter of law, the willful act of Narian proximately caused the death of Resky Ceasar and that the express exclusionary provisions in the insurance policy barred recovery for injury or death resulting from the willful act of the insured. The trial court found that: (1) Narian intended to cause injury to Resky Ceasar; (2) the intentional incident did not fit within the definition of Aaccident@ under Guam's compulsory automobile insurance law; and (3) the finding that intentional acts are precluded from automobile insurance coverage is consistent with the legislative intent of 18 GCA