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Case: Vermont Mutual Ins. Co. v. Walukiewicz (SC 18061) March 2009
Court: Connecticut Supreme Court
Trial Court: Norwich
Synopsis: A homeowner’s insurance policy that excludes coverage for intentionally caused injuries must still cover injuries caused in self-defense. Although a person defending himself or herself may intend to cause an injury, acts of self-defense are a response to unexpected, unforeseen and unintended events and therefore are “accidents.”
Case Link: http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR290/290CR38.pdf
Case Citation: 290 Conn. 582 (2009)
Tags: accident · assault · injury · personal injury
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Case: Clinch v. Generali-U.S. Branch (AC 28784) September 2008
Court: Connecticut Appellate Court
Trial Court: Hartford
Synopsis: The plaintiff obtained a judgment against a restaurant after he was assaulted by intoxicated patrons. The restaurant’s insurance company refused to defend the claim because the policy excluded coverage for assault and battery. The court upheld the coverage exclusion, even though the complaint did not use the words “assault and battery,” because the acts complained of clearly referred to an assault and battery.
Case Link: http://www.jud.ct.gov/external/supapp/Cases/AROap/AP110/110AP461.pdf
Tags: alcohol · assault · bar · insurance coverage · intoxicated · personal injury
