Legal Opinion

NM on Behalf of Caleb v. Daniel E.

Utah Supreme Court

Decided January 8, 2008No. 20060284PublishedCited by 18 opinions

1Opinion of the Court

PARRISH, Justice:

INTRODUCTION

¶ 1 Daniel swung a hockey stick at Caleb, striking him in the head and causing serious injuries. The question before us is whether the district court properly concluded in a summary judgment adjudication that this event was not an accident for the purposes of insurance coverage. We reverse the district court and hold that summary judgment was improper.

BACKGROUND

¶ 2 During the first three days of a hockey camp, seven-year-old Caleb and some of the other boys teased eight-year-old Daniel for being an inferior hockey player. On the third day of the camp, Daniel…

2Cases cited15 opinions

  1. Vermont Mutual Insurance v. MalcolmSupreme Court of New Hampshire · 1986
  2. Richards v. Standard Acc. Ins. Co.Utah Supreme Court · 1921
  3. Fire Insurance Exchange v. Estate of TherkelsenUtah Supreme Court · 2001
  4. Nova Casualty Co. v. Able Construction, Inc.Utah Supreme Court · 1999
  5. Hoffman v. Life Insurance Co. of North AmericaUtah Supreme Court · 1983

10 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Employers Mutual Casualty Co. v. Bartile Roofs, Inc.Court of Appeals for the Tenth Circuit · 2010
  2. Taylor v. StateUtah Supreme Court · 2007
  3. Heslop v. Bear River Mutual Insurance Co.Utah Supreme Court · 2017
  4. Helf v. Chevron U.S.A. Inc.Utah Supreme Court · 2015
  5. Helf v. Chevron U.S.A., Inc.Utah Supreme Court · 2009

13 more not listed; retrieve them via the Exa API.

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