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STATE FARM FIRE & CASUALTY CO. v. SUPERIOR COURT

No. B202768.

164 Cal.App.4th 317 (2008)

STATE FARM FIRE AND CASUALTY CO. et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JOSHUA WRIGHT, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

As modified July 9, 2008.

Attorney(s) appearing for the Case

Horvitz & Levy, Peter Abrahams, Mitchell C. Tilner; Crandall, Wade & Lowe, William R. Lowe and Curtis L. Metzgar for Petitioners.

No appearance for Respondent.

Blumberg Law Corporation, Ave Buchwald; Law Offices of Moss, Hovden & Lindsay and Del D. Hovden for Real Party in Interest.

OPINION

ALDRICH, J.

INTRODUCTION

If an insured throws someone into a swimming pool intending to get the other person wet, but by mistake does not throw hard enough and so the latter lands on the pool's cement step and suffers injuries, is the incident an "accident" within the meaning of insurance law? We conclude it is.

In an action for damages for personal injuries and declaratory relief...

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