Glenn

An insured purchased a homeowners policy containing an exclusion for bodily injury that is “a foreseeable result of an intentional or criminal act of any insured . . . .” During a disturbance at a party, the insured, holding a gun, chased a group of youths from his backyard and fired the gun to frighten them. The bullet struck James Glenn as he fled. The insured pleaded guilty to felony willful discharge of a firearm.

Granting a motion for summary judgment, the trial court held the criminal acts exclusion barred coverage on these facts. We agree and affirm a declaratory judgment in favor of the insurer.

Background

At all relevant times, Jeffrey Scott Stephens held a homeowners insurance policy with Century-National Insurance Company (Century). The policy contains an exclusion for bodily injury “which is a foreseeable result of an intentional or criminal act of any insured or which is expected or intended by any insured, including bodily injury . . . which is more extensive than or of a different nature from that expected or intended by the insured.”

The dispute arises from a birthday party held at Stephens’s house for his 19-year-old son. During the party, alcohol was…