Monahan’s home insurer seeks to avoid covering costs in wrongful death suit

Monahan, 66, of Hebron, was convicted of second-degree murder, first-degree reckless endangerment and tampering with physical evidence in a criminal trial in Washington County Court in January, related to the fatal shooting of 20-year-old Kaylin Gillis in April 2023. Gillis was in one of several vehicles looking for a friend's house in the area when the caravan mistakenly drove up the Monahans' driveway.

At the time of the incident, the Monahans held a homeowner's insurance policy through the Chenango County-based Preferred Mutual Insurance Company.

In the wake of the shooting, Gillis' father filed a wrongful death lawsuit against Kevin Monahan, and his wife Jinx, in August 2023, which seeks punitive and exemplary damages, as well as prejudgment and post-judgement interest, costs of the lawsuit, including attorney's fees, and actual damages in an amount to be determined.

Preferred Mutual Insurance has filed a complaint in its local county court, which, if approved, would relieve the company of defense and indemnity of the Monahans' home in the lawsuit against the couple.

The company filed what is called a verified complaint for declaratory relief, in order to request the court declare that it does not owe the Monahans' defense under their insurance policy. According to the complaint filed by the insurance company Tuesday, the Monahans' policy had a limit of $300,000 in personal liability coverage.

The complaint states that the insurance policy contains exclusions from coverage, which disqualify the insured from coverage for defense, or indemnity, if the bodily injury is a result of a criminal act by the insured, or is the result of an intentional and malicious act by or at the direction of the insured.

"The conduct that caused the alleged death of Kaylin A. Gillis as claimed in the underlying Gillis Vs. Monahan action was not accidental," the complaint states. "And, is excluded from coverage for defense and indemnity because the alleged death or injury was expected or intended."

According to the complaint, the claims Andrew Gillis has against the Monahans arise from circumstances that are not covered by the Monahans' insurance policy.

The complaint filed by Preferred Mutual Insurance has not yet been reviewed or approved yet by the Chenango County Clerk, who is authorized to reject such complaints for various, according to the documents filed by the insurance company.

Attorneys representing Andrew Gillis, the Monahans and Preferred Mutual Insurance could not immediately be reached for comment.

Monahan is scheduled to be sentenced in the criminal case March 1. He could face up to 25 years-to-life for the murder charge.

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