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Insurance — intentional acts means no coverage

January 1, 2011
Callo v. Allstate Ins. Co., (App. Div. 2010)

The plaintiff filed this action seeking a declaration of coverage after a jury in the underlying matter convicted the defendant's insured of intentional assault and battery and awarded her $250,000. The defendant had provided a defense after issuing a reservation-of-rights letter. The Appellate Division affirmed the trial judge's finding of no coverage essentially for the reasons expressed below. The evidence supports the finding that the insured intended to cause harm to the plaintiff and her conduct, therefore, did not fall within the coverage of the policy and the terms of the reservation-of-rights letter were clear and sufficiently put the insured on notice of the defendant's litigation and coverage position.

Case Law Alert - 1st Qtr 2011

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