Fire Insurance Exchange v. Estate of Therkelsen
Utah Supreme Court
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
- State Farm Fire & Cas. v. CTC DEVELOPMENTSupreme Court of Florida · 1998
- Compass Insurance Co. v. City of LittletonSupreme Court of Colorado · 1999
- Community Action for Greater Middlesex County, Inc. v. American Alliance InsuranceSupreme Court of Connecticut · 2000
- Sharon Steel Corp. v. Aetna Casualty & Surety Co.Utah Supreme Court · 1997
- Loftin v. United States Fire InsuranceCourt of Appeals of Georgia · 1962
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- Equine Assisted Growth & Learning Ass'n v. Carolina Casualty Insurance Co.Utah Supreme Court · 2011
- Headwaters Resources, Inc. v. Illinois Union InsuranceCourt of Appeals for the Tenth Circuit · 2014
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