Burns v. Middlesex Insurance

HORNBY, Justice.

Does an insurance carrier have an obligation to defend under a homeowner’s insurance policy when the insured is sued for bodily injury resulting from slander, invasion of privacy and intentional infliction of emotional distress? The policy excludes from coverage “bodily injury ... which is expected or intended by the insured.” Since under the complaint in the underlying action the injured party could recover amounts that would not be excluded by this provision, we conclude that there is a duty to defend. We therefore vacate the summary judgment entered by the Superior Court…