CT INSURANCE LAW -- District Court Holds Insurer Required To Defend Insured Who Engaged In Fistfight

2016-01-21 | Joseph M. Busher
jmbusher@jacksonokeefe.com

Category: Insurance

Joseph M. Busher

The insured allegedly acted in self-defense, but was sued by the other person involved in the fight.  The applicable homeowner’s insurer defended the insured pursuant to a reservation of rights and filed a declaratory judgment action in District Court to address the duty to defend and indemnify.  On the insurer’s Motion for Summary Judgment, the District Court first concludes that the conduct involved, even if in self-defense, qualified as an “occurrence”.  The court further holds that the insured is required to defend and indemnify the insured, although it is not required to indemnify with regard to any damages attributable to an assault count in the underlying Complaint.  The court states that the intentional tort of assault was clearly not an accident and could be excluded as intentional or criminal conduct.  Allstate v. Stearns, 3:14 CV 1984(D.Conn. Underhill, J.)(Jan. 4, 2016)

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 recognized in A.M. Best’s Recommended Insurance Attorneys.  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.  We are also recognized in Best's Directory of Recommended Insurance Attorneys.

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