State Farm Fire & Casualty Co. v. Geary

In State Farm Fire & Casualty Co. v. Geary, 869 P.2d 952, 955 (Utah Ct. App. 1994), the court of appeals, in examining whether an injury resulting from a shotgun blast was caused by an accident, stated: "Seemingly, the resolution of this "occurrence" issue hinges on whether we focus on either the shooting or the injury as accidental or intentional. For the reasons explained below, we are persuaded by the case law which focuses on either the accidental or intentional nature of the shooting, rather than the ensuing injury." In support of this proposition, the court quoted a decision of the Washington Court of Appeals, which stated that "'an accident is never present when a deliberate act is performed, unless some additional, unexpected, independent, and unforeseen happening occurs which produces or brings about the result of injury or death.'" Id. (quoting Safeco Ins. Co. of Am. v. Dotts, 38 Wn. App. 382, 685 P.2d 632, 633-34 (Wash. Ct. App. 1984)).