Fischer
Fischer v. State Farm Fire & Casualty Co.
Opinion
Lead Opinion
MEMORANDUM **
Thom Fischer appeals the district court’s order denying his motion for summary judgment and granting State Farm Fire and Casualty Company’s motion for summary judgment. We affirm in part, reverse in part, and remand for further proceedings.
Our decision in this case rests on a bizarre set of circumstances, including the Washington Court of Appeals’ reconciliation of seemingly contradictory, jury findings in the underlying civil suit. The Washington Court of Appeals held that the jury could find both that Fischer was negligent when he engaged in intercourse with Donna MacKenzie and that MacKenzie had consented to the intercourse. It reasoned that the jury could have “believed she gave consent under the mistaken belief that her boyfriend, not Fischer, had climbed into her bed.”
In light of these findings, we conclude that the harm to MacKenzie was a result of an accident. Under Washington law, an intentional action may qualify as an accident unless a reasonable person in the insured actor’s position would be aware of or foresee the harmful consequences of the action. Nationwide Mut. Ins. Co. v. Hayles, Inc., 136 Wash.App. 531 , 150 P.3d 589, 593 (2007). What caused…