State Farm Fire & Casualty Co. v. Superior Court
Opinion
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 brought by real party in interest Joshua Wright against Jeffrey Lint and his insurer, State Farm Fire and Casualty Co. and State Farm General Insurance Co. (together State Farm), the trial court ruled that State Farm owed a duty to defend Lint. In so ruling, the trial court stated that “the evidence is pretty clear that [Lint] didn’t intend to harm [Wright].” State Farm filed a petition for writ of mandate seeking an order directing the trial court to vacate its order and enter instead a judgment declaring that State Farm has no duty to defend Lint against Wright. State Farm reasons that Lint’s conduct giving rise to Wright’s lawsuit was deliberate and so it was not an accident, irrespective of whether Lint intended the injury. We deny the petition.