Insurance firm sues to avoid payout in civil suit against driveway shooter

Monahan’s insurance company wants no part of wrongful death case

Monahan's insurance company wants no part of wrongful death case

The insurance company for the Washington County man convicted of killing a woman in his driveway is suing to prevent covering any judgment in a civil wrongful death case on the grounds that the shooting was intentional.

Kevin Monahan was convicted last month of second-degree murder, reckless endangerment and tampering with physical evidence in the death of Kaylin Gillis, 20, of Schuylerville last April. Monahan fired shots at an SUV that had gotten lost on the way to a party and turned into his driveway.

Gillis’ family filed a wrongful death lawsuit in August.

Monahan has a homeowner’s insurance policy with Preferred Mutual Insurance Company that provides up to $300,000 in personal liability coverage.

However, the insurance company said the policy does not apply because the death was not accidental, but intentional.

“New York law does not consider intentional harms to be accidental, and thus precludes coverage because intentional harms do not satisfy policy definitions of an ‘occurrence,’” the lawsuit said.

Attorney Don Boyajian, who represents the Gillis family, told NewsChannel 13 this afternoon that he is not surprised that an insurance company would avoid responsibility when their client is convicted of murder. But Boyajian points out that the suit also names Monahan’s wife as a defendant.  

Monahan is scheduled to be sentenced on March 1. He could be sentenced to a maximum of 25 years to life.

The Daily Gazette was first to report the story.