Nabozny v. Burkhardt

The plaintiff was injured in a fight with defendant Kevin Burkhardt. Plaintiff broke his ankle when his opponent tripped him. The plaintiff sued, but Pioneer State Mutual Insurance Company, the defendant’s insurer, refused to defend or indemnify, reasoning that the injury was not the result of an “accident” and thus was not a covered “occurrence” within the terms of its policy. The plaintiff obtained a default judgment against the defendant, and sought to garnish the funds of Pioneer. The circuit court granted judgment for the plaintiff and the Court of Appeals affirmed. We reverse the…