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NABOZNY v. BURKHARDT

Docket No. 113876.

606 N.W.2d 639 (2000)

461 Mich. 471

John NABOZNY, Plaintiff-Appellee, v. Kevin BURKHARDT, Defendant, and Pioneer State Mutual Insurance Company, Garnishee-Defendant-Appellant.

Supreme Court of Michigan.

March 7, 2000.

Attorney(s) appearing for the Case

Edson & Hastings (by Gerald Edson), Port Huron, MI, for plaintiff-appellee.

Richard F. Huegli, Port Huron, MI, for garnishee-defendant-appellant.

Kallas & Henk, P.C. (by Constantine N. Kallas), Bloomfield Hills, MI, amicus curiae for Insurance Information Association of Michigan.

Opinion

PER CURIAM.

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 Co., 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...

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