Questione giuridica chiave
Whether the shooting incident constituted an accident or an injury assimilated to an accident under accident insurance law.
Decisione estratta
The court held that the case could not yet be excluded as an accident; further medical and factual instruction was required, especially on whether defective hearing protection could have caused the acoustic trauma.
Motivazione estratta
A sudden hearing loss after shooting is not necessarily non-accidental. The insured's version that the ear protectors were defective or improperly positioned was plausible, and the record lacked sufficient on-site inquiries. The post hoc reasoning could not be applied without adequate evidence.