ALLSTATE INS. CO. v. McCARN

Docket No. 118266, Calendar No. 4.

645 N.W.2d 20 (2002)

466 Mich. 277

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Robert Daniel McCARN, a Minor; Ernest Ward McCarn; Patricia Ann McCarn, Defendants, and Nancy S. LaBelle, Personal Representative of the Estate of Kevin Charles LaBelle, Deceased, Defendant Appellant.

Supreme Court of Michigan.

Decided June 12, 2002.


Attorney(s) appearing for the Case

Collison, Collison & Zimostrad, P.C. (by Joseph T. Collison), Saginaw, MI, for the plaintiff-appellee.

Sinas, Dramis, Brake, Boughton & McIntyre, P.C. (by Timothy J. Donovan), Lansing, MI, for defendant-appellant LaBelle.


OPINION

MICHAEL F. CAVANAGH, J.

This is an action for declaratory judgment. Allstate Insurance Company seeks a determination of its obligation to indemnify its insureds in connection with an underlying wrongful death suit stemming from the shooting death of Kevin LaBelle.

We hold that the shooting death of Kevin LaBelle was "accidental" and, thus, an "occurrence" as defined in the insurance policy at issue. Consequently, an "occurrence" gives rise...

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