CONNECTICUT INSURANCE LAW – District Court holds that exclusions for intentional or criminal acts do not bar coverage for assault pleaded as negligence claim

2015-10-05 | Joseph M. Busher
jmbusher@jacksonokeefe.com

Category: Sexual Abuse law and news

Joseph M. Busher

In the underlying tort action, it is alleged that an invitee in the insured’s home was struck by an insured.  The insured allegedly struck the invitee’s face and head, and broke his jaw.  The invitee filed a lawsuit alleging assault and battery and a negligence cause of action, claiming that the insured was inattentive to individuals in close proximity when he swung his arms and failed to control his physical movements.  In a declaratory judgment filed by the insurer with regard to the duty to defend and indemnify, the insurer argued that the incident did not qualify as an occurrence and that an exclusion for intentional or criminal acts applied.  The Court holds that the allegations that the insured swung his arms without paying attention to individuals in close proximity and failed to control his physical movements qualified as an accident under the policy and might not qualify as an intentional or criminal act.  Accordingly, the Court denies the insurer’s Motion for Summary Judgment.  Allstate Ins. Co. v. Neleber (D.Conn. September 15, 2015)

Jackson O’Keefe, LLP, has several attorneys who routinely focus on insurance law issues.  If you have an insurance question or litigation matter involving a GL, E&O, D&O, homeowners,  or auto policy, contact us for assistance at 860-278-4040.

Jackson O’Keefe has been practicing in the insurance field since the 1950s. The firm was co-founded by a former Insurance Commissioner for the State of Connecticut.  The firm is pleased to have received the highest Martindale-Hubbell rating of “AV.”  It is also recognized in the Bar Register of Preeminent Attorneys.  Additionally, several of our partners have been peer-reviewed by Thomson Reuters as “Super Lawyers” qualifying as among the top five percent of practicing attorneys in Connecticut.  We are active participants in the Claims and Litigation Management (CLM) Alliance.

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