469_C308
OVERDOSE
INJURY TO GUEST NOT COVERED
|
Homeowners |
Controlled Substance |
|
Host Liability |
|
On April 6, 2001,
18-year-old Stephen McMaster died of an overdose of
the prescription pain relief drug propoxyphene. At
the time of his death, McMaster and his mother were
overnight guests in the home of John Scaduto. The propoxyphene had been prescribed to Scaduto
by his doctor.
McMaster’s mother, Nichole Gallagher, sued Scaduto, claiming that he had negligently left the
prescription in a place accessible to McMaster even
though he knew McMaster’s emotional state was
fragile. Scaduto sought coverage for the lawsuit
under his homeowners insurance policy issued by the Massachusetts Property
Insurance Underwriting Association. The insurer then filed an action seeking a
court declaration that the policy did not provide coverage.
The homeowners
policy excluded coverage for bodily injury “arising out of the use, sale,
manufacture, delivery, transfer or possession by any person of a Controlled
Substance . . .” The exclusion did not apply to “the legitimate use of prescription
drugs by a person following the orders of a licensed physician.” The lower
court found that there was no coverage under the policy; Gallagher appealed.
On appeal, Gallagher
acknowledged that the policy exclusion could apply, but that her son’s death
fell under the exception to the exclusion. According to Gallagher, McMaster’s death “arose out of” Scaduto’s
legitimate use of the drug because, but for Scaduto’s
legitimate use of the drug, it would not have been accessible to McMaster. The
The decision of the lower
court was affirmed.