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Home Insurance May Cover Jealous Husband's Attack on Third Party

By Janice G. Inman
August 01, 2017

A man returns home unexpectedly, finds his wife with another man, and shoots him. It's an unfortunate chain of events, but certainly not unheard of. What is unusual is how the case of a love triangle like this one could lead to an Eleventh Circuit decision about homeowners' insurance. Allstate Prop. & Cas. Ins. v. Roberts, 2017 U.S. App. LEXIS 10933, (11th Cir. 6/21/17).

An Intentional Shooting

Bobby Roberts had owned a business in Alabama since 2009, but he sometimes went home to Georgia to visit his wife, Kim. One evening in January 2013, around 10:00 p.m., Bobby went to the couple's home and found his wife in the kitchen with another man, Sinatra Miller. Suspicious that they were carrying on an affair, Bobby told them to remain where they were, then walked into a bedroom. Miller left the home, but Bobby followed him outside and shot him several times with an automatic handgun. Bobby admitted that he shot Miller intentionally — it had been no accident. He was charged with aggravated assault, aggravated battery, pointing a handgun at another and family violence.

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