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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)