Horseplay Incident within Scope of Homeowners' Policy

 

In RAM Mut. Ins. Co. v. Meyer, 2009 WL 2148833 (Minn.App.), Shawn Meyer and Curtis Nietfeld were students engaging in horseplay in a high school shop class when Meyer caused Nietfeld to fall and strike his head. According to multiple witnesses, Meyer appeared to be trying to stop Nietfeld or knock him down but did not appear to be trying to injure him. Meyer testified that he was just trying to pull Nietfeld toward him, not down, that he was not trying to hurt him, and that he did not think that there was any possibility that Nietfeld would be hurt.

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