Estate of Thomson CA2/8

FACTS AND PROCEDURE

1. Background Proceedings Decedent Linda Thomson was the mother of Cameron Thomson. Cameron and codefendants were charged in the killing of two teenagers in 2008, when Cameron was a minor. The parents of the deceased teenagers filed a civil suit naming Cameron and Linda as defendants, among others (the wrongful death action). The parents of the deceased teenagers are Lorraine Sherzer and Michael and Pamela Thompson (the wrongful death plaintiffs).2 Against both Cameron and Linda, the complaint alleged wrongful death, negligence, and intentional infliction of emotional distress. As to Linda, the complaint alleged she had negligently supervised Cameron and was also vicariously liable for his willful acts. The complaint additionally alleged assault and battery against Cameron. Linda tendered the defense of the wrongful death action to her homeowner’s insurance carrier, USAA Casualty Insurance Company (USAA). When USAA refused to defend the wrongful death action, Linda filed a suit against USAA for a declaration that the insurer had a duty to defend and indemnify her (the insurance action). In 2010, USAA agreed to pay the wrongful death plaintiffs the policy limit…