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FIRE INS. EXCHANGE v. ESTATE OF THERKELSEN

No. 990716.

27 P.3d 555 (2001)

2001 UT 48

FIRE INSURANCE EXCHANGE, Plaintiff and Appellee, v. The ESTATE OF Otto F. THERKELSEN, Jr., and Steven A. Ness, Defendants and Appellant.

Supreme Court of Utah.

Rehearing Denied July 26, 2001.

Attorney(s) appearing for the Case

Lewis B. Quigley, Salt Lake City, for plaintiff.

Reed L. Martineau, Rex E. Madsen, Keith A. Call, Salt Lake City, for The Estate of Otto F. Therkelsen.

Mark Dalton Dunn, Salt Lake City, for Steven A. Ness.

DURRANT, Justice:

¶ 1 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...

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