Economy Fire and Casualty Company v. Betty

Appellants appeal from the order of the trial court sustaining Respondent, Economy Fire and Casualty Company's Motion for Summary Judgment in Economy's Declaratory Judgment action. Economy's declaratory judgment action involved two underlying causes of action in regard to which Economy sought declaration from the court that Economy was excluded from providing coverage for the actions of Economy's insured, Robert A. Berdella, Jr. In one of the underlying causes, appellant Betty Ann Haste brought suit against Economy's insured, Berdella, for the wrongful death of her son, Todd Lee Stoops, seeking damages pursuant to § 537.090, RSMo 1986. The other cause joined the wrongful death actions, against Economy's insured, Berdella, of appellants Paul Howell and Betty Howell for the death of their son, Jerry Howell; Robert James Sheldon and Connie Sheldon, for the death of their son, Robert Allen Sheldon; and Harriet Sanders, Bonnie Ferris and Jamie Nichol Ferris, for the death of James Ferris, their son, husband and father, respectively. Additionally, the second cause of action included claims by the Estates of Jerry Howell, Robert Allen Sheldon and James Ferris by their respective personal representatives for injuries received by said individuals prior to their deaths, allegedly pursuant to § 537.020, RSMo 1986, and presumably for injuries not recoverable under the wrongful death actions. 1 (Todd Lee Stoops, Jerry Howell, Robert Allen Sheldon, and James Ferris will hereinafter be referred to collectively as the victims.) There is no dispute that Berdella was Economy's insured under the applicable homeowners policies at all relevant times herein. The facts also establish that each of the victims was taken captive by Berdella, held against his will at Berdella's home, subjected to torture, sexual and otherwise, by Berdella and that each of the victims died while being held captive by Berdella. Further, there was no dispute that the relevant insurance policies provided coverage for personal injury and property damage for which Berdella was legally responsible, but excluded coverage for bodily injury expected or intended by Berdella.