North Carolina Farm Bureau Mutual Insurance v. Mizell

WALKER, Judge.

On 2 February 1998, defendant Austin filed suit against defendant Mizell seeking to recover damages for personal injuries arising out of Mizell’s negligent discharge of a firearm. Plaintiff North Carolina Farm Bureau Mutual Insurance Company provides homeowner’s insurance coverage to Mizell. On 10 September 1998, plaintiff filed a declaratory judgment to determine whether the insurance policy covered Mizell’s alleged negligence.

In the early morning hours of 11 August 1997, Austin came to the residence of Mizell wishing to speak to Mizell’s daughter. Austin was confronted outside…