Tuesday, March 16, 2021

Insured Loses Fight for Coverage for a Fight

In the case of State Farm Fire and Cas. Co. v. Simone, No. 2:20-CV-00908-RJC (W.D.P. Jan. 28,2021 Colville, J.) County Court addressed a Motion for Judgment on the Pleadings filed by the liability insurance company seeking a declaratory judgment that the carrier did not have a duty to defend or indemnify the defendant with respect to allegations set forth in an underlying complaint arising out of an altercation during which the insured punched the injured party after they bumped into one another on a walkway at a crowded concert. 

After comparing the allegations in the Plaintiff’s complaint against the terms of the policy in question, the court ruled that the allegations in the complaint described a willful physical assault and an intentional tort for which there was no coverage under the policy. 

As such, the carrier’s motion for judgment on the pleadings was granted.

Anyone wishing to review this decision may click this LINK.

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