Agoado Realty Corp. v. United International Insurance

OPINION OF THE COURT

Wesley, J.

In this appeal we are asked to determine whether the intentional assault of a tenant by an unknown assailant is an “accident” and hence a covered “occurrence” under a landlord’s insurance policy, and whether a policy exclusion for “expected or intended” injuries applies. We conclude that the loss is a covered occurrence and, concomitantly, that the policy exclusion does not apply to the circumstances presented here.

Plaintiff landlords owned a building in which on May 19, 1996, a tenant was murdered by an unknown assailant. On February 10, 1997 decedent’s estate…