Division of Appeals rules insurer not liable for the intentional acts

The NJ Appellate Division recently held, in which case, Allstate Callo, the applicant could not be in a position in a U.S. $ 250,000.00 verdict against a fellow student attacker in the insurance of “owner” of the parents of the offender to pick .

In general, the law of New Jersey, owner of a policy “does not apply to injuries sustained while the insured lead to injury. Homeowners policies” are designed to cover injuries sustained when the insured owner participates in an act of negligence and the other in an injury. However, the case law exists in New Jersey, coverage covered by insurance policyholders, the unintended consequences of intention.

This means that if an insured’s intent to commit an act, but did not intend the result of this action (ie, injuries), may be too opaque.In this case, the defendant attacked the plaintiff, while in school. After a trial, a jury returned a verdict of $ 250,000.00 for the girl who was attacked. The defendant insurance, Allstate Insurance, provided the defense to attack, but refused to pay the jury’s verdict.

Instead, it filed a declaratory action seeking a declaration by the court had no obligation to pay the jury. The Appeals Chamber agreed with Allstate, and found that the attacker intended to cause injury to the plaintiff, and, as such, the verdict was not covered by insurance.

In this case, the discovery of the parties in an effort should be to determine who the attacker was not the cause of the specific type of injury that may be suffered by the victim. In this sense, the argument can be made to the court that the wounds of the victim was simply an unintended consequence of an intentional act. Therefore, it is important to have an attorney who specializes in the practice of personal injury law, if you see injured by a willful act or alleged assault.

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