Court rules in favor of policyholder in American Select Insurance firearm injury case
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But the appellate panel disagreed. Writing for the court, Judge Noah P. Hood explained that the term “accident” wasn’t defined in the policy, so Michigan law supplies a default definition: “an undesigned contingency, a happening by chance, something not naturally to be expected.” Importantly, the court emphasized that whether an incident qualifies as an accident must be assessed from the perspective of the insured – in this case, Inhmathong – not the person who fired the gun.
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