Nabozny v. Burkhardt

In Nabozny v. Burkhardt, 461 Mich 471, 477; 606 NW2d 639 (2000), the insured, Burkhardt, had tripped Nabozny intentionally but testified that he did not intend to break Nabozny's ankle. The Supreme Court concluded that because the injury reasonably should have been expected, the injury did not result from an "accident," and liability coverage under the policy was thus precluded. Nabozny, supra at 479-482. In this case, Mr. Burkhardt apparently did not intend to break Mr. Nabozny's ankle. However, it is plain that in tripping someone to the ground in the course of a fight, Mr. Burkhardt reasonably should have expected the consequences of his acts because of the direct risk of harm created. This precludes a finding of liability coverage under the terms of this policy. In other words, the injury did not result from an "accident." Moreover, Mr. Burkhardt's testimony that he did not intend to "break any bones" does not assist him. . . . It is clear from the facts, as stated by the insured, that injury reasonably should have been expected. Therefore, it is irrelevant that the broken ankle was not the specific harm intended by the insured. Id. at 480-481.