Stewart

Edwina M. Stewart (Stewart) appeals a judgment that the homeowners insurance policy issued by 20th Century Insurance Company (20th Century) did not provide liability coverage for Stewart’s claim because her claim was for injuries that were a foreseeable consequence of a criminal act.

I

Facts and Procedural Background

This declaratory relief action, filed by 20th Century against Stewart, was submitted to the court for decision on stipulated facts. The evening of December 31, 1993, 19-year-old Matthew Guglietti (Guglietti)) and friends held a New Year’s Eve party at Guglietti’s home. Guglietti became intoxicated, took a .38-caliber revolver from his parents’ bedroom, inserted one bullet in the revolver’s chamber, pointed the revolver at his friend Doug Revere (Revere) and pulled the trigger. The revolver did not fire. He then pointed the revolver at his own head and pulled the trigger; the revolver did not fire. He then replaced the revolver in his parents’ bedroom.

The next day the party continued at Guglietti’s home. Guglietti continued to drink alcohol and also smoked marijuana. During the evening Guglietti’s friend Govinda Sean DiGeronimo (DiGeronimo) arrived at the…