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STATE FARM FIRE AND CAS. CO. v. PARRELLA

No. 24152-1-III.

141 P.3d 643 (2006)

STATE FARM FIRE AND CASUALTY COMPANY, Respondent, v. David A. PARRELLA, as parent/guardian for Anthony Parrella, a minor, Defendant, and Carolanne Potts, individually, and as parent/guardian for James Potts, a minor, Appellant.

Court of Appeals of Washington, Division 3.

Publication Ordered August 24, 2006.

Attorney(s) appearing for the Case

Michael Scott Brumback, Hurst Brumback & Brusic PLLC, Yakima, WA, Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, for Appellant.

Timothy P. Cronin, Attorney at Law, Spokane, WA, for Respondent.

KATO, J.

¶ 1 As a prank, Anthony Parrella fired a pellet at James Potts. It hit James in the eye, causing serious injury. Anthony's parents claimed coverage under their State Farm homeowner's insurance policy. State Farm determined there was no coverage. After trial, the court agreed with the insurer because Anthony's act was deliberate and thus not an accident. We agree and affirm.

¶ 2 On November 9, 2003, Anthony Parrella, then 17, was home. He...

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