Ga. Court of Appeals: Insurance Company Not Responsible for Homeowner’s Fatal Shooting of Child

Free Case Review
100% Secure & Confidential

Results

$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

Most personal injury lawsuits involve accidents, i.e. unintentional but negligent conduct, but sometimes a personal injury arises from criminal activity. When this is the case, the criminal party can be held liable in a personal injury lawsuit–but their insurance company probably will not cover any award of damages. That is because insurers typically include criminal activity from the scope of their policy coverage.

Marcus v. Country Mutual DO-013 Insurance Company

A recent decision from the Georgia Court of Appeals, Marcus v. Country Mutual DO-013 Insurance Company, provides a helpful illustration of this principle. This case unfortunately began with a scenario that has become all too common in Georgia — a white person reporting “suspicious” African-Americans to the police. According to court records, the woman repeatedly complained to law enforcement in Macon about several African-American youths. When questioned, the juveniles explained that the woman had repeatedly shouted racial epithets at them. The police advised the youths to “stay on the other side of the street when passing by her house, knowing that [she] was upset and hostile.”

Later that day, the woman again called the police, this time to report the fact she “had shot someone.” The woman claimed the same African-American youths had been “throwing rocks at her.” In response, she opened fire with a .38 revolver. While the woman said she never intended to hit anyone, she nevertheless managed to strike an innocent bystander, causing him to suffer permanent disabilities from a head injury.

Prosecutors charged the woman with aggravated assault and aggravated battery. She entered what is known as an Alford plea, also known as a “no-contest” plea. Essentially, she acknowledged that the state had sufficient evidence to convict her without technically admitting guilt. The judge sentenced her to 15 years in prison.

The victim’s parents later filed a claim against the woman’s homeowner’s insurance policy. The insurer then filed its own lawsuit, seeking a judicial declaration it was not liable for injuries caused by the homeowner’s criminal conduct. The judge sided with the insurer and granted its motion for summary judgment.

A divided, three-judge panel of the Court of Appeals upheld the judge’s ruling. The majority rejected the parents’ claim that the criminal exclusion did not apply because, despite the Alford plea, the homeowner said she acted in self-defense when she opened fire. Put another way, she had a “justification defense” under Georgia law, which created a viable question as to whether her conduct was actually criminal. As the majority noted, the homeowner never raised this defense during her criminal trial, and the fact she now offered “self-contradictory” testimony in order to get her insurer to cover a potential civil judgment was not enough to overcome the legal presumption this was an excluded criminal act under her policy.

The dissenting judge, however, suggested that the trial court should have considered whether or not the homeowner offered a “reasonable explanation” for her self-contradictory testimony before granting summary judgment to the insurer. The dissent pointed out that an Alford plea is not the same thing as a guilty plea. Here, the homeowner maintained she was innocent in spite of the evidence presented against her. So she could theoretically argue in a civil case that she did not engage in excluded criminal conduct.

Learn More In Our Recent Blog Posts

Georgia Sees String of Recent Dog Attacks

Georgia has seen a worrying string of dog attacks in recent weeks. Some of these dog attacks have left seniors ...
Learn More

Deadly Motorcycle Accident Reported in Cobb County

In June of 2025, Fox 5 Atlanta reported a fatal motorcycle accident in Cobb County. The crash was so severe ...
Learn More

Hit-and-Run Driver Found in Cobb County After Two Crashes in Ten Minutes

When police track down hit-and-run drivers, most people celebrate this as a victory. However, these negligent drivers are often caught ...
Learn More

USPS Says 6,000 Workers Were Savagely Mauled by Vicious Dogs in 2024

Although dangerous dogs in Cobb County threaten virtually everyone, postal workers are particularly at risk. This was highlighted after the ...
Learn More

Multiple Cars Crash Into Georgia Homes and Buildings

Within the space of a single week in June of 2025, multiple cars crashed into homes and buildings in Georgia. ...
Learn More

Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
Free Case Review
100% Secure & Confidential
Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

Call (770) 758-1664
Available 24/7

Free Case Review

"*" indicates required fields