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INSURANCE LAW: Superior Court holds insured’s commission of bullying and sexual assault were not “accidental” occurrences for purposes of insurance coverage

INSURANCE LAW: Superior Court Holds Insured’s Commission Of Bullying And Sexual Assault Were Not “accidental” Occurrences For Purposes Of Insurance Coverage

An insured was sued by a high school classmate for sexual assault and bullying causing severe and debilitating injury.  The defendant insured sought coverage under the plaintiff’s policy and the plaintiff filed suit, seeking a declaratory judgment that it owned no duty to defend and indemnify the defendant in the sexual assault action because the defendant’s actions were intentional and did not constitute an accident under the policy.

The trial court granted the plaintiff’s motion for summary judgment stating that the insured caused the classmate’s injuries by intentionally choosing to corner her and sexually and physically assault her; the actions were not “accidental” for purposes of coverage under the policy.

Allstate Insurance Co. v. Furnari, CV16-6073550 (9/6/2017)