# Hunter's insurance firm doesn't have to pay



## Hamilton Reef (Jan 20, 2000)

Appeals court: Hunter's insurance firm doesn't have to pay
Man shot friend while intoxicated 

http://www.record-eagle.com/2005/feb/05hunt.htm

GAYLORD - A company that insured a hunter who accidentally shot and killed a friend on his property while he was intoxicated does not have to pay damages to the dead man's family.
The Michigan Court of Appeals ruled in a decision released this week that the homeowners insurance policy does not cover injuries that stem from criminal acts, even accidental ones.
The family of Lee Earl Edmiston sued Leonard Anthony Weitzel after Weitzel shot Edmiston in November 2000 when he thought he was shooting at a deer.
Weitzel sat with a rifle and consumed mixed drinks in a barn when he saw a deer, according to statements at his sentencing. He shot at the deer but hit Edmiston, 66, his hunting partner for 40 years.
Weitzel was sentenced to 30 days in jail and two years probation after pleading no contest to hunting while intoxicated.
Appellate judges Brian Zahra, Janet Neff and Jessica Cooper ruled Auto Club Group Insurance didn't have to pay damages because language in the policy specifically excluded injuries stemming from criminal acts.
Edmiston's family filed a wrongful death suit against Weitzel, who also was sued by his insurance company. The company sought a declaration from the court that it had no duty to defend Weitzel or pay damages.
The Court of Appeals decision upholds a decision by an Otsego County Circuit Court judge.


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