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

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)