SAFECO INSURANCE COMPANY OF AMERICA, Plaintiff and Appellant,
v.
ROBERT S. et al., Defendants and Respondents.
Supreme Court of California.https://leagle.com/images/logo.png
August 20, 2001.
August 20, 2001.
Attorney(s) appearing for the Case
LaTorraca and Goettsch, Raymond H. Goettsch and Scott K. Murch, Long Beach, for Plaintiff and Appellant.
Greines, Martin, Stein & Richland, Irving H. Greines and Edward L. Xanders, Beverly Hills, for Farmers Insurance Exchange, Truck Insurance Exchange and Fire Insurance Exchange as Amici Curiae on behalf of Plaintiff and Appellant.
Horvitz & Levy, David S. Ettinger, H. Thomas Watson and Andrea M. Gauthier, Encino, for 20th Century Insurance Company as Amicus Curiae on behalf of Plaintiff and Appellant.
Howard J. Fox, Oak Park, for Defendants and Respondents Robert S., Kelly S., Christy Mitchell and Timothy Mitchell.
Law Offices of Kapp L. Johnson and Kapp L. Johnson, Granada Hills, for Defendant and Respondent Velvet S.
Steven W. Murray, Encino, for Rita and Virgil Palub as Amici Curiae on behalf of Defendants and Respondents.
Law Offices of Ian Herzog, Evan D. Marshall, Ian Herzog, Santa Monica; Mark B. Robinson, Jr., Encino; Roland Wrinkle, Woodland Hills; Harvey R. Levine, San Diego; Robert Steinberg, Los Angeles; Thomas G. Stolpman, Long Beach; William D. Turley, San Diego; Mary E. Alexander, Los Angeles; Joseph Harbison III, Sacramento; Bruce Broilett; Wayne McClean, Woodland Hills; Leonard Sacks, Granada Hills, Tony Tanke, Redwood City; Lea Ann Tratten; Steven J. Keifield; David Rosen; Moses Lebovits, Los Angeles; Douglas Devries Sacramento; Christine Spagnoli; James Sturdevant, San Francisco; Daniel U. Smith; Deborah David, Los Angeles; Lawrence Drivon; Thor Emblem, Escondido; Rick Simons; and David Casey, Jr., San Diego, for Consumer Attorneys of California as Amicus Curiae on behalf of Defendants and Respondents.
Supreme Court of California.
KENNARD, J.
When a homeowners policy expressly covers accidental bodily injury but excludes coverage for bodily injury arising out of an "illegal act," is the insurer obligated to defend and indemnify its insureds in a wrongful death action brought against them after their teenage son accidentally shot and killed his friend? We conclude that, in the context of the policy as a whole, the insurer does have such an obligation.
I
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