Azar v. Employers Cas. Co.
Decision Date | 03 April 1972 |
Docket Number | No. C--49,C--49 |
Citation | 178 Colo. 58,495 P.2d 554 |
Parties | William G. AZAR, Petitioner, v. EMPLOYERS CASUALTY COMPANY, Respondent. |
Court | Colorado Supreme Court |
Duane O. Littell, I. Thomas Bieging, Denver, for petitioner.
Wormwood, Wolvington, Renner & Dosh, Winston W. Wolvington, Edward H. Haffey, Denver, for respondent.
William G. Azar's petition for certiorari to the Court of Appeals was granted by this Court to review whether the decision of the Court of Appeals, found in Employers Casualty v. Azar, 28 Colo.App. 566, 479 P.2d 979, was decided in a way probably not in accord with applicable law. We have concluded the Court of Appeals correctly decided the issue on appeal and therefore affirm the judgment.
For a better understanding of the controversy, we here incorporate the statement of the case as set forth in Employers Casualty v. Azar, Supra:
(Emphasis added.)
The Court of Appeals determined, contrary to the trial court, that Mason v. Celina Mutual, 161 Colo. 442, 423 P.2d 24, controlled the disposition of this case. We agree. In Mason, the facts were similar in essential detail to those in the instant case. As here, there was an accidental shooting in a stopped automobile of one of the occupants by another occupant. No contention was made that the vehicle in any way contributed to or was connected with the accidental discharge of the firearm. The only relationship of the vehicle to the accident was the presence of the tort-feasor and the injured person in the automobile at the time of the infliction...
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State Farm Mut. Auto. Ins. Co. v. Partridge
...no causal relationship between the accidental firing of the gun and the use of the automobile. (See, e.g., Azar v. Employers Casualty Co. (Colo.1972) 495 P.2d 554, 555; Brenner v. Aetna Insurance Co. (1968) 8 Ariz.App. 272, 445 P.2d 474, 478; United States Fidelity & G. Co. v. Western Fire ......
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Garrison v. State Farm Mut. Auto. Ins. Co., 71055
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...of the accidental shooting. We express no opinion on the results of these cases. They include: Azar v. Employers Cas. Co., 495 P.2d 554 (Colo.1972) (Pringle, C. J., and Kelley, J., dissenting); Mason v. Celina Mut. Ins. Co., 161 Colo. 442, 423 P.2d 24 (1967); Nat'l Union Fire Ins. Co. v. Br......
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Cung La v. State Farm Auto. Ins. Co.
...those cases persuasive in Colorado. Other cases finding no causal connection are factually distinguishable. In Azar v. Employers Casualty Co., 178 Colo. 58, 495 P.2d 554 (1972), this court held that an accidental shooting that occurred inside a vehicle did not "arise out of the use" of the ......
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CHAPTER 4
...no causal relationship between the accidental firing of the gun and the use of the automobile. (See, e.g., Azar v. Employers Cas. Co., 495 P.2d 554, 555 (Colo. 1972); Brenner v. Aetna Ins. Co., 8 Ariz. App. 272 (1968); U.S. Fid. & Guar. Co. v. W. Fire Ins. Co., 450 S.W.2d 491, 492 (Ky. 1970......