Legal Opinion

Fire Insurance Exchange v. Estate of Therkelsen

Utah Supreme Court

Decided June 8, 2001No. 990716PublishedCited by 39 opinions

1Opinion of the Court

DURRANT, Justice:

T1 On the evening of November 8, 1997, Otto Therkelsen, Jr., shot Steven A. Ness with a 9-millimeter semi-automatic handgun. Immediately afterward, he shot and killed his wife, Linda Therkelsen, and then fatally shot himself. Ness survived. He filed a complaint against Otto Therkelsen's estate, alleging both battery and negligence in the shooting. The estate tendered the defense of the lawsuit .to Fire Insurance Exchange, which had issued a homeowners policy to Therkel-sen. Fire Insurance then filed a complaint against the estate and Ness seeking a declaratory judgment…

2Cases cited13 opinions

  1. State Farm Fire & Cas. v. CTC DEVELOPMENTSupreme Court of Florida · 1998
  2. Compass Insurance Co. v. City of LittletonSupreme Court of Colorado · 1999
  3. Community Action for Greater Middlesex County, Inc. v. American Alliance InsuranceSupreme Court of Connecticut · 2000
  4. Sharon Steel Corp. v. Aetna Casualty & Surety Co.Utah Supreme Court · 1997
  5. Loftin v. United States Fire InsuranceCourt of Appeals of Georgia · 1962

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

3Cited by39 opinions

  1. Employers Mutual Casualty Co. v. Bartile Roofs, Inc.Court of Appeals for the Tenth Circuit · 2010
  2. Banner Bank v. First American Title InsuranceCourt of Appeals for the Tenth Circuit · 2019
  3. Benjamin v. Amica Mutual Insurance Co.Utah Supreme Court · 2006
  4. Equine Assisted Growth & Learning Ass'n v. Carolina Casualty Insurance Co.Utah Supreme Court · 2011
  5. Headwaters Resources, Inc. v. Illinois Union InsuranceCourt of Appeals for the Tenth Circuit · 2014

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

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