Lewis

Defendant Karen Lewis (Karen) appeals from a judgment declaring that plaintiff State Farm Fire and Casualty Company (State Farm) has no duty under a homeowner’s insurance policy to defend or indemnify the estate of her late husband, Wesley Lewis (Wesley), either for injuries Karen sustained or for the wrongful deaths of the Lewis’s two minor children.

On appeal Karen concedes the policy excludes coverage for her own physical bodily injuries. She contends, however, that the policy’s exclusionary clause does not unambiguously exclude coverage for her children’s wrongful deaths because, as is generally understood, a cause of action for “wrongful death” is not a cause of action for “bodily injury.” She urges that the policy be construed in her favor as not excluding coverage for wrongful death.

We conclude the policy unambiguously fails to insure against the damages sought by Karen and therefore affirm the judgment.

Facts and Procedural Background

The factual predicate to this case is concededly tragic.

Wesley shot and killed the two minor children of the marriage who resided with Karen and him. Wesley later attacked Karen with a pipe, causing her bodily injury. Wesley…