FILED

May 28, 1999

Cecil Crowson, Jr.

Appellate Court Clerk

IN THE COURT OF APPEALS OF TENNESSEE

AT JACKSON

 ______________________________________________

PLANET ROCK, INC., 

(f/u/b BOBBY AND VICKI

WILLIAMS),

Plaintiff-Appellee,

Madison Circuit No. C96-348-II

Vs. C.A. No. 02A01-9807-CV-00218

REGIS INSURANCE COMPANY, 

Defendant-Appellant.

____________________________________________________________________________

FROM THE MADISON COUNTY CIRCUIT COURT

THE HONORABLE FRANKLIN MURCHISON, JUDGE

Lawrence E. Levine, Dale A. Tipps; Levine, Mattson,

Orr & Geracioti of Nashville

For Appellant

Martin W. Zummach; Sparkman-Zummach of Southaven, MS

For Appellees, Bobby and Vicki Williams

AFFIRMED AND REMANDED

Opinion filed:

W. FRANK CRAWFORD,

PRESIDING JUDGE, W.S.

CONCUR:

ALAN E. HIGHERS, JUDGE

HOLLY KIRBY LILLARD, JUDGE

This appeal concerns a dispute over coverage under a general liability insurance policy.

Defendant/appellant, Regis Insurance Company (Regis), appeals the order of the trial court

granting summary judgment to plaintiff/appellee, Planet Rock, Inc. (Planet Rock) f/u/b Bobby
1

 The suit named as defendants Benjamin Blackwell and Kimberly Ann Lewis (the other

parties involved in the altercation), Gilligan’s Inc., another Jackson nightclub, and the

individually named stockholders of Planet Rock. Except for the allegations against Blackwell

and Lewis, the involvement of parties other than Planet Rock was not relevant to the issues in

this case.

2

and Vicky Williams.

Planet Rock is a Jackson, Tennessee nightclub, and on September 29, 1995, an altercation

occurred between two of Planet Rock’s patrons. Craig Williams (Williams) and Benjamin

Blackwell (Blackwell) got into a heated argument inside the club. After moving the argument

outside to a nearby Kmart parking lot, they began fighting. Williams received the worst of the

exchange and was knocked unconscious. He was brought back into Planet Rock by the

nightclub’s employees and possibly some patrons and placed on a couch in one of the club’s

offices to rest. When Planet Rock employees later checked on Williams, they found that he had

died from his injuries. 

Bobby and Vicky Williams, parents of Craig Williams, sued Planet Rock and others1

 in

Madison County Circuit Court seeking damages for their son’s wrongful death. As pertinent to

the case before us, the complaint alleges that when the disagreement arose between Williams and

Blackwell, they were ordered to get out of the club “if they were to begin striking each other,”

and they left the club. The complaint states:

19. Ultimately, the physical confrontation began between

Plaintiffs’ deceased and Defendants Blackwell and Lewis. The

physical confrontation resulted in Plaintiffs’ deceased being

knocked unconscious by Defendants Blackwell and Lewis and

then viciously and violently kicked in the head, torso and groin by

Defendants Blackwell and Lewis.

20. At the conclusion of this vicious attack by the Defendants

Blackwell and Lewis, but before Plaintiffs’ deceased expired,

patrons and employees of Defendant Planet Rock brought the

Plaintiffs’ deceased, Craig Williams, back inside the

establishment of Defendant Planet Rock.

21. At no time, while Craig Williams was still alive and

physically situated within the offices of Defendant Planet Rock,

did any agent, employee or servant of Defendant Planet Rock call

for medical assistance. In fact, an employee of Defendant Planet

Rock called and canceled a request for police assistance after the

fight had begun.

22. Sometime later and without the benefit of medical assistance,

the Plaintiffs’ deceased, Craig Williams, died of the injuries he

received in the vicious attack conducted by Defendants Blackwell

and Lewis.
3

* * *

42. Upon being informed of the serious injuries to the deceased,

Defendant Planet Rock, by and through its agents, servants or

employees, voluntarily undertook the medical care of the injured

Craig Williams. Defendant Planet Rock, by and through its

agents, servants or employees, undertook the medical care of the

injured Craig Williams in a grossly negligent manner, failing or

refusing to make available professional medical assistance which

was available, thereby denying the deceased proper medical care

ultimately leading to and proximately causing his death. The

medical care provided by Defendant Planet Rock’s employees,

agents or servants fell below the minimum acceptable standard of

medical care recognized in like or similar circumstances in

Jackson, Madison County, Tennessee by those health care

professionals familiar with said standard of care.

At the time of the occurrence involving Blackwell and Williams, Planet Rock had in full

force and effect a general liability insurance policy issued by Regis Insurance Company.

Pursuant to the terms and provisions of the policy, Planet Rock notified Regis of the original

incident involving Blackwell and Williams, and after the lawsuit was filed, notified Regis of the

lawsuit. Regis responded to the latter notification by letter dated December 13, 1995, which

states in pertinent part:

Please be advised that we have received a copy of the

above captioned Civil Action Complaint which was filed against

Planet Rock, et al.

We have carefully reviewed the averments contained

within the Complaint and find that all the claims and causes of

action and damages sought are specifically excluded under policy

RM 113721.

Your records will indicated [sic] that on 10/11/95 you

reported to Regis Insurance Company the claim of Craig

Williams. At that time, Regis Insurance Company commenced

an investigation into this matter and determined that the plaintiff

was alleging that the cause of his death was as a result of injuries

sustained from an Assault and Battery. Under the date of

11/15/95, Regis Insurance Company sent to you a Reservation of

Rights advising you that policy No. RM 113721, under which

you seek coverage contained an Assault and Battery Exclusion.

* * *

Thus, we regretfully advise you that Regis Insurance

Company declines to participate in either the defense or

indemnification of this lawsuit. We suggest that you

immediately forward this matter on to your personal counsel to

see that your interests are properly protected.

(emphasis supplied).

Again, on January 3, 1996, Planet Rock’s counsel sent a letter to Regis pointing out the
4

allegations of negligence against Planet Rock which were outside the exclusions in the policy.

Regis responded by letter stating: “Our position which was stated in our letter of 12/13/95

remains unchanged.”

Planet Rock defended the suit and after pretrial procedures, the case was tried on

September 20, 1996 by the court sitting without a jury. The trial court’s judgment in favor of

the Plaintiffs states in pertinent part:

1) That the evidence presented supports Plaintiffs’ contentions

that Defendant, Blackwell, intentionally battered the Plaintiffs’

deceased, Craig Williams, causing him pain and injury. The

Court assesses damages against the Defendant, Blackwell, arising

out of Blackwell’s attack on Plaintiffs’ deceased in the amounts

of $150,000.00 compensatory damages, and because the attack

was particularly ferocious, $150,000.00 punitive damages.

2) The Court further finds that the evidence presented supports

the Plaintiffs’ contentions in that Plaintiffs suffered damages as

a proximate result of the negligence of the Defendant, Planet

Rock, Inc. Specifically, Planet Rock, Inc., by and through its

employee, Scott Luckman, acting within the scope of his

employment, and about the business of Planet Rock, Inc.,

voluntarily undertook the duty of medical care and custody of the

Plaintiffs’ deceased, Craig Williams, after Mr. Williams had been

injured, doing so in a negligent fashion failing to render the

appropriate medical care for Mr. Williams’ injuries and further

failing to summon professional medical assistance, which, as a

matter of law, was the proximate cause of Craig Williams’ death

inasmuch as, had medical care been called, and rendered to Craig

Williams, the Court finds that Craig Williams would have

survived his injuries that he suffered on the night of September

29, 1995.

3) It is further this Court’s finding that the damages awarded

herein against Defendant, Planet Rock, Inc., are supported by the

testimony relating to the earning capacity and age of the deceased

in the determination of the economic value of Mr. Williams’ life,

combined with the measure of pain and suffering experienced by

the deceased prior to his demise brought about by the failure to

summon medical assistance.

IT IS, THEREFORE, ORDERED, ADJUDGED AND

DECREED that the Plaintiffs are awarded a Judgment against

BenjaminBlackwell,in the amount of $150,000.00 compensatory

and $150,000.00 punitive damages and post-judgment interest to

accrue from the date of entry of this Judgment.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED

that the Plaintiffs are awarded a Judgment against the Defendant,

Planet Rock, Inc., in the amount of $1,250,000.00 and postjudgment interest to accrue from the date of entry of this

judgment. The costs, to include court costs and discretionary

costs incurred in this cause are assessed against both Defendants,

Blackwell and Planet Rock, Inc.
2

 The suit was originally filed against Ryan and Davis, Inc., and Buddy Ryan

individually, the agents that sold Plant Rock the policy. The suit was amended to add Regis and

subsequently the suit against the agents was voluntarily dismissed.

5

* * *

After judgment was rendered in the tort case, Planet Rock, for the use and benefit of

Bobby and Vicky Williams, filed the instant suit against Regis2. In essence, Planet Rock alleges

that it had in full force and effect a general liability policy with Regis and that Regis breached

its contract of insurance by failing to provide a defense in the tort case. The complaint further

alleges that Regis breached the contract by failing and refusing to pay the judgment, interest, and

costs adjudged against Planet Rock. The suit seeks judgment for costs incurred by Planet Rock

in defending the tort case and judgment for the amount of the judgment, costs, and interest in the

tort case. The Regis policy, upon which suit is brought, provides in part pertinent to the inquiry

before us:

COVERAGE A -- BODILY INJURY LIABILITY

* * *

The company will pay on behalf of the insured all sums

which the insured shall become legally obligated to pay as

damages because of 

A. bodily injury. . .

* * *

to which this insurance applies, caused by an occurrence, and the

company shall have the right and duty to defend any suit against

the insured seeking damages on account of such bodily injury . .

., even if any of the allegations of the suit are groundless, false or

fraudulent, and may make such investigation and settlement of

any claim or suit as it deems expedient. . . .

* * *

VII. INCIDENTAL MEDICAL MALPRACTICE LIABILITY

COVERAGE

The definition of bodily injury is amended to include Incidental

Medical Malpractice Injury.

Incidental Medical Malpractice Injury means injury arising out of

the rendering of or failure to render, during the policy period, the

following services.

(A) medical, surgical, dental,x-ray or nursing service or treatment

or the furnishing of food or beverages in connection therewith;

* * *

ASSAULT AND BATTERY EXCLUSION
6

In consideration of the premium charged for this

insurance, it is understood and agreed that the policy to which this

endorsement is attached is amended and modified as follows:

Actions and proceedings to recover damages for bodily

injuries or property damage arising from the following are

excluded from coverage and the Company is under no duty to

defend or to indemnify an insured in any action or proceeding

alleging such damages:

1. Assault and Battery or any act or omission in connection with

the prevention or suppression of such acts;

2. Harmful or offensive contact between two or among two or

more persons;

* * *

This exclusion applies regardless of the degree of

culpability or intent and without regard to:

A. Whether the acts are alleged to be by or at the instruction or

at the direction of the insured, his officers, employees, agents or

servants; or by any other person lawfully or otherwise on, at or

near the premises owned or occupied by the insured; or by any

other person;

B. The alleged failure of the insured or his officers, employees,

agents or servants in the hiring, supervision, retention or control

of any person whether or not an officer, employee, agent or

servant of the insured;

C. The alleged failure of the insured or his officers, employees,

agents or servants to attempt to prevent, bar or halt any such

conduct.

Regis’s answer to the complaint denies that Planet Rock was entitled to a defense of the

suit and also denies that Planet Rock is entitled to recover the policy proceeds in payment of the

judgment rendered against it by virtue of the assault and battery exclusion set out above. 

On June 12, 1998, the trial court entered its order granting summary judgment to Planet

Rock. The order stated in part:

IT IS, THEREFORE, ORDERED, ADJUDGED AND

DECREED AS FOLLOWS:

1. At the time the Amended Complaint in Cause No. 95-338 was

filed, the duty on the part of Regis Insurance Company, to defend

its insured, Planet Rock, Inc., arose based upon allegations

contained within said Amended Complaint;

2. After a trial upon the merits, the written findings of fact and

law issued by the Trial Judge, Whit LaFon, in Cause No. 95-338,

by its terms resulted in insurance coverage being extended for the

damages for which Planet Rock, Inc. found itself liable pursuant

to the terms of the Regis Insurance policy, RM1137121,

inasmuch as the trial judge held that Craig Williams’ death was
7

proximately caused by Planet Rock, Inc.’s failure to make

available appropriate medical care and further found that if Planet

Rock, Inc. had made appropriate medical care available, Craig

Williams would have survived the injuries inflicted upon him.

Said failure on the part of Planet Rock, Inc. to provide or render

appropriate medical aid for Craig Williams’ injuries was an act

covered by the terms of the policy issued by Regis Insurance

Company to Planet Rock, Inc.;

3. by refusing to defend its insured, Planet Rock, Inc., Regis

Insurance Company is bound by the judgment rendered in Cause

No. 95-338 against Planet Rock, Inc. as to all issues supporting

the Trial Court’s Order in Cause No. 95-338.

* * *

Subsequently, on June 30, 1998, the court entered its final order which states:

1. This Court earlier ruled that Defendant, Regis Insurance

Company, breached its obligation to its insured, Planet Rock,

Inc., by failing to defend its insured, Planet Rock, Inc., in Cause

Number 95-338.

2. The allegations contained in the Complaint in Cause Number

95-338 styled Williams vs. Planet Rock, Inc., et al, triggered

insurance coverage on the part of Regis Insurance Company and

the duty to defend its insured, Planet Rock, Inc.

3. The Judgment rendered in Cause Number 95-338 by the

Honorable Judge Whit LaFon found liability on the part of Planet

Rock, Inc. the basis of which fell within the coverage of the

insurance policy issued by Regis Insurance Company to its

insured, Planet Rock, Inc.

4. The Court now rules that the measure of damages for Regis

Insurance Company’s failure to defend its insured as obligated in

its contract is contractual damages. Said contractual damages

amount to $1,000,000.00, the limit of said policy of insurance

which was available to satisfy the $1,250,000.00 Judgment

rendered against Planet Rock, Inc. in Cause number 95-338.

Additionally, pursuant to its contract of insurance, Regis

Insurance Company is responsible to pay post-judgment interest

accrued from the date the underlying Judgment of Judge LaFon

was rendered in Cause number 95-338.

5. For Regis’ failure to defend, which has been determined to be

wrongful, Regis Insurance Company is responsible and liable for

the costs of defense which was incurred by the insured, Planet

Rock, Inc. The only proof submitted to the Court on the question

of defense costs is the Affidavit of Lewis Cobb, Defense Counsel

for Planet Rock, Inc. in the underlying suit. Said costs, being

uncontroverted, are found to have been reasonable and necessary

under the circumstances and are to be reimbursed by Regis

Insurance Company to its insured, Planet Rock, Inc.

6. Finally, pursuant to its contract of insurance, Regis Insurance

Company is liable and responsible for court costs in Cause

Number 95-338 to be supported by the bill of costs prepared by

the Circuit Court Clerk of Madison County.
8

Regis has appealed and presents two issues for review, as stated in its brief:

1. The Trial Curt erred because Planet Rock is not entitled to

judgment as a matter of law.

2. The Trial Court erred because summary judgment is

premature, as there are genuine issues of material fact that have

not been resolved.

We will first address Regis’s second issue wherein it asserts that summary judgment is

inappropriate because there are factual issues regarding the cause of Williams’s injury and death.

We are somewhat mystified by this assertion for several reasons. In Planet Rock’s complaint,

it is alleged that “on or about September 29, 1995, an altercation arose between Mr. Craig

Williams and Mr. Benjamin Blackwell and Ms. Kimberly Lewis. This altercation resulted in Mr.

Craig Williams’s death.” Regis’s answer to the complaint admits this allegation. Moreover, the

trial court in the underlying tort case found that Williams was greviously injured by Blackwell

and that this led to his being placed under the care of Planet Rock. Finally, Planet Rock

concedes that Blackwell’s assault and battery caused injuries to Williams that led to Planet

Rock’s actions resulting in Williams’s death.

We do not find a material factual dispute. Questions involving an insurance policy’s

coverage and an insurer’s duty to defend require the interpretation of the insurance policy in light

of claims asserted against the insured. Standard Fire Ins. Co. v. Chester-O’Donley & Assoc.,

Inc., 972 S.W.2d 1 (Tenn. App. 1998). The issues relating to the scope of coverage and an

insurer’s duty to defend present questions of law which can be resolved by summary judgment

when the relevant facts are not in dispute. Id. at 5-6. Summary judgment may be granted only

when there are no genuine material factual disputes with regard to the claim or the defense

asserted in the motion, and when the moving party is entitle to a judgment as a matter of law.

Tenn.R.Civ.P. 56.03; Byrd v. Hall, 847 S.W.2d 208, 210 (Tenn. 1993).

In construing insurance contracts, this Court is obligated to attempt to determine the

intent of the contracting parties, and because the policy was drafted by the insurance company,

we must resolve any ambiguity and doubt in favor of the insured. NSA DBA Benefit Plan, Inc.

v. Connecticut Gen. Life Ins. Co., 968 S.W.2d 791 (Tenn. App. 1997). Where the language of

an insurance policy is reasonably susceptible of two meanings, we are obligated to give the

particular language the interpretation most favorable to the insured. Id. at 795. Ambiguity in
9

a contract is doubt or uncertainty arising from the possibility of the same language being fairly

understood in more ways than one. Id.

Regis asserts in its first issue that the assault and battery exclusion in the policy is an

absolute defense to this case inasmuch as there would have been no injury or death to Williams

but for the assault and battery.

Planet Rock asserts that Regis is liable for breach of its contract of insurance in two

respects: (1) a duty to defend; and (2) the obligation to indemnify.

In Drexel Chemical Co. v. Bituminous Ins. Co., 933 S.W.2d 471 (Tenn. App. 1996),

the Court said:

An insurer’s duty to defend is separate and distinct from

the insurer’s obligation to pay claims under the policy. Jackson

Housing Auth. v. Auto-Owners Ins. Co., 686 S.W.2d 917 (Tenn.

App. 1984). The duty to defend is broader than the duty to

indemnify. This court must review the allegations of the

complaint and determine whether any of them are covered under

the policy. If even one of the allegations is covered by the policy,

the insurer has a duty to defend, irrespective of the number of

allegations that may be excluded by the policy. U. S. Fidelity &

Guar. Co. v. Murray Ohio Manuf. Co., 693 F.Supp. 617 (M.D.

Tenn. 1988). An insurer may not properly refuse to defend an

action against its insured unless “it is plain from the face of the

complaint that the allegations fail to state facts that bring the case

within or potentially within the policy’s coverage.” Glens Falls

Ins. Co. v. Happy Day Laundry, Inc., 19784 T.V., 1989 WL

91082 (Tenn. App. August 14, 1989).

Id. at 480.

The complaint in the tort case alleged various and sundry acts on the part of Planet Rock

and giving the complaint a liberal construction would be covered by the policy provisions.

Although the assault and battery exclusion exists, it did leave some doubt as to the meaning of

“arising out of,” and the specific allegation concerning a failure to provide medical assistance

made it more than questionable that allegations of the complaint “plead to the coverage.”

Considering all of the circumstances, we feel that the allegations were sufficient to require Regis

to provide a defense to Planet Rock. 

We now turn to the indemnity coverage. Regis’s defense is premised on the assault and

battery exclusionary clause. Regis asserts that no matter what else happened, if there is an

assault and battery that starts the chain of events, the bodily injury arises out of the assault and

battery and therefore there is no coverage. In support of this assertion, Regis cites numerous
3

 This case was not referred to by either party.

10

cases from other jurisdictions regarding the validity and applicability of assault and battery

exclusionary clauses. In those cases cited wherein the courts have discussed the key phrase,

“arising out of,” the courts followed the view that the causation factor is confined to one

incident. While this view is adopted by a number of courts in other jurisdictions, it does not

represent the law in Tennessee. 

We have reached the conclusion that this case is controlled by the decision of our

Supreme Court in Allstate Ins. Co. v. Watts, 811 S.W.2d 883 (Tenn. 1991)3

, which is a

declaratory judgment action filed by the insurance company to determine whether it had any

liability under its homeowners policy which contained an exclusion of coverage for injuries

arising out of the maintenance of a motor vehicle. The insuring clause of the Allstate policy

provided: “Allstate will pay all sums arising from an accidental loss which an insured person

becomes legally obligated to pay as damages because of bodily injury or property damage

covered by this part of the policy.” The applicable exclusion provides, “We do not cover bodily

injury or property damage arising out of the ownership, maintenance, use, occupancy . . . loading

or unloading of any motorized land vehicle or trailer.” Id. at 884. The Allstate insured, Crafton,

was assisting a friend in replacing brake shoes on the friend’s truck in the insured’s garage.

While experiencing difficulty in removing lug nuts from one of the wheels, Watts, another

friend, agreed to use his welding torch to facilitate the removal of the lug nuts. After Crafton

assured him there were no flammable materials in the garage, he starting using the torch. In

doing so sparks scattered on the garage floor and ignited a pan of flammable liquid which was

under the truck. Watts noticed the fire and told the Crafton about it, and Crafton picked up the

pan and started to move it out of the garage. Because of the heat, he dropped it, splashing the

flaming liquid on Watts and causing an injury. Watts sued Crafton alleging that Crafton was

negligent in failing to warn him about the flammable liquids and also for his negligence in

dropping the pan. Allstate then filed this declaratory judgment action after it denied coverage

contending that Watts’s injuries arose out of the maintenance of an automobile and was within

the policy exclusion. “The trial court, using the concurrent cause doctrine, held that

Allstate was obligated to provide coverage to the policyholders. The Court of Appeals, using
11

the chain of events doctrine, reversed.” Id. at 884. In reversing the Court of Appeals, the

Supreme Court noted with approval the holding in Almany v. Nationwide Ins. Co., 1987 WL

4745, where the Middle Section of this Court, considering similar coverage and exclusion under

a homeowners policy held “that the insurer was liable under the ‘concurrent causation doctrine’

which provides that coverage under a liability policy is equally available to an insured whenever

an insured risk constitutes a concurrent proximate cause of the injury.” Id. at 886.

The Court noted with approval the decision in State Farm Mutual Ins. Co. v. Partridge,

10 Cal.3d 94, 109, Cal.Rptr. 811, 514 P.2d 123 (1973) where the California Supreme Court

considered coverage under a homeowners policy with the exclusionary provision “arising out

of the ownership, maintenance, operation, use . . . of any motor vehicle.” In that case, the

insured filed the trigger mechanism of a pistol so it would have a hair trigger, and while

transporting the pistol in the insured vehicle, it discharged injuring a passenger. Commenting

on the action of the California Court, our Supreme Court said:

The California Supreme Court held that the insurance

company was liable, explaining that although the policy excluded

injuries “arising out of the use” of an automobile, the exclusion

did not apply when an accident results from the combination of

a nonvehicle-related cause and a vehicle-related cause.

“Coverage cannot be defeated simplybecause a separate excluded

risk constitutes an additional cause of the injury.” Partridge, at

813, 514 P.2d at 125. The Court also stated: “That multiple

causes may have effectuated the loss does not negate any single

cause; that multiple acts concurred in the infliction of the injury

does not nullify any single contributory act.” Id. at 818, 514 P.2d

at 130-31. Cf. Garvey v. State Farm, 48 Cal.3d 395, 257

Cal.Rptr. 292, 770 P.2d 704 (1989). The concurrent cause

doctrine has been followed in a number of jurisdictions other than

in California. See, e.g., U.S. Fidelity & Guaranty Co. v. State

Farm, 107 Ill. App.3d 190, 63 Ill.Dec. 14, 18, 437 N.E.2d 663,

667 (1982); LeJeune v. Allstate Ins. Co., 365 So.2d 471, 479

(La. 1978); Waseca Mut. Ins. Co. v. Noska, 331 N.W.2d 917,

921 (Minn. 1983); Eichelberger v. Warner, 290 Pa.Super. 269,

434 A.2d 747, 751-52 (Penn. 1981); Lawver v. Boling, 238

N.W.2d 514, 521-22 (Wis. 1976). See also, 7A J. Appleman,

Insurance Law and Practice § 4500 at 179-81 (1979); 12 Couch

on Insurance 2d (Rev. ed) § 44A (1984); Keeton, Insurance Law

§ 5.5(c) at 553-56.

Id. at 887.

Our Supreme Court continued:

While there are a variety of ways to analyze the problem

before us, this Court is persuaded that there should be coverage

in a situation such as in the instant case, where a nonexcluded

cause is a substantial factor in producing the damage or injury,
12

even though an excluded cause may have contributed in some

form to the ultimate result and, standing alone, would have

properly invoked the exclusion contained in the policy. It is true

that “arising out of” is an extremely broad phrase, so broad, in

fact, that it is difficult to conceive of a rule that draws a justifiable

line between coverage and no coverage at any reasonable point.

Adopting Allstate’s interpretation of “arising out of” to include

any causal relationship would exclude coverage if, for example,

Watts had gone into Crafton’s home to retrieve a tool to aid in

removing the lug nuts, and fell down a flight of stairs. Arguably,

at least, maintaining the vehicle would have set in motion the

chain of events that produced the eventual result. That is, but-for

the difficulty encountered in maintaining the brakes on the truck,

Watts would not have been inside of the home when he fell in

order to obtain the tool. The problem with this approach is that

cause and effect extend to near infinity. It is for this reason that

we reflect the “chain of events” theory of application which

appears to hinge on a “but-for” theory of causation utilized by the

Court of Appeals and urged by Allstate.

Id. at 887.

Finally, the Court, in holding that the insurer must provide coverage under the

homeowners policy, said:

We reject the contention that there can be no coverage when the

chain of events leading to the ultimate harm is begun by an

excluded risk, concluding instead that coverage cannot be

defeated simply because excluded risks might constitute an

additional cause of the injury. “That multiple causes may have

effectuated the loss does not negate any single cause; that

multiple acts concurred in the infliction of injury does not nullify

any single contributory act.” Partridge, 109 Cal.Rptr. at 818, 514

P.2d at 130.

Id. at 888 (emphasis added).

Accordingly, the order of the trial court is affirmed, and this case is remanded for such

other proceedings as may be necessary. Costs of the appeal are assessed to 

the appellant.

_________________________________

W. FRANK CRAWFORD, 

PRESIDING JUDGE, W.S.

CONCUR:

____________________________________

ALAN E. HIGHERS, JUDGE

____________________________________

HOLLY KIRBY LILLARD, JUDGE