United States District Court, N.D. Oklahoma
OPINION AND ORDER
V. EAGAN UNITED STATES DISTRICT JUDGE
before the Court are plaintiff State Farm Fire and Casualty
Company's (State Farm) motion for summary judgment (Dkt.
# 26), and defendant Victoria Williams's motion to
certify question of law to the Oklahoma Supreme Court (Dkt. #
August 12, 2016, defendant Stanley Vernon Majors shot and
killed his neighbor Khalid Jabara, Williams's brother.
Dkt. # 26-1. On February 7, 2018, a jury in the District
Court in and for Tulsa County, State of Oklahoma, found
Majors guilty of murder in the first degree in violation of
Okla. Stat. tit. 21, § 701.7. Dkt. # 26-3; Dkt. # 28, at
Stephen Schmauss, Majors's now deceased husband, owned
the gun Majors used to kill Jabara. Dkt. # 26-1. Williams
asserts that, on the day Majors killed Jabara, Schmauss
bought Majors alcohol. Dkt. # 28, at 6. In addition, Williams
contends that Majors tormented the Jabara family for many
years-including running over Jabara's mother in
2015-because Majors, mistakenly, believed the Jabaras are
Muslim (in fact, they are Christian emigrants from Lebanon).
time Majors killed Jabara, plaintiff had issued a
homeowners' policy to named insureds Schmauss and Majors.
Plaintiff had also issued to Schmauss a personal liability
umbrella policy (PLUP). The homeowners' policy provides:
COVERAGE L - PERSONAL
If a claim is made or a suit is brought against an
insured for damages because of
bodily injury or property
damage to which this coverage applies, caused by an
occurrence, we will:
1. pay up to our limit of liability for the damages for which
the insured is legally liable; and
2. provide a defense at our expense by counsel of our choice.
We may make any investigation and settle any claim or suit
that we decide is appropriate. Our obligation to defend any
claim or suit ends when the amount we pay for damages to
effect settlement or satisfy a judgment resulting from the
occurrence, equals our limit of liability.
Dkt. # 26-7, at 23. The homeowners' policy defines bodily
injury as “physical injury, sickness, or disease to a
person. This includes required care, loss of services and
death resulting therefrom.” Id. at 9.
Additionally, the homeowners' policy states:
‘occurrence . . .' means an accident, including
exposure to conditions, which results in:
a. bodily injury; or
b. property damage.
Id. at 10. The homeowners' policy does not
define accident. Additionally, it excludes coverage for
“bodily injury or property damage: (1) which is either
expected or intended by the insured; or (2) which is the
result of willful and malicious acts of the insured.”
Id. at 24. The homeowners' policy also contains
a “severability of insurance” clause, which
states, “[t]his insurance applies separately to each