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N.M. ON BEHALF OF CALEB v. DANIEL E.

No. 20060284.

175 P.3d 566 (2008)

2008 UT 1

N.M. on behalf of her son CALEB, Plaintiff and Appellant, v. DANIEL E. and Safeco Property & Casualty Insurance Companies, Defendants and Appellees.

Supreme Court of Utah.

January 8, 2008.

Attorney(s) appearing for the Case

Nelson Abbott, Provo, for plaintiff.

Robert L. Janicki, Joseph E. Minnock, Sara N. Becker, Salt Lake City, for defendants.

PARRISH, Justice:

INTRODUCTION

¶ 1 Daniel swung a hockey stick at Caleb, striking him in the head and causing serious injuries. The question before us is whether the district court properly concluded in a summary judgment adjudication that this event was not an accident for the purposes of insurance coverage. We reverse the district court and hold that summary judgment was improper.

BACKGROUND

¶ 2 During the first three days of...

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