SW Legal studies in Business

Homeowners' Insurance Covers Liability from Tort Injury Inflicted by Insured
Description Appeals court held that a tort liability that resulted from a beating inflicted by a policyholder's son on a classmate was "an occurrence" covered by homeowners' insurance. Therefore the insurer was liable for the tort judgment.
Topic Insurance
Key Words Homeowners' Insurance; Torts
C A S E   S U M M A R Y
Facts DaCruz, a minor, was beaten by a classmate, Bullock, while in junior high school. DaCruz sued Bullock's parents for his injuries. DaCruz was awarded $93,600 in damages plus $25,000 in punitive damages against the Bullocks in a trial in which State Farm did not participate. DaCruz then sued State Farm to collect the judgment. It defended that the policy did not cover such an incident. The trial court held for State Farm. DaCruz appealed.
Decision

Reversed. The beating victim's injuries from the insured tortfeasor's negligence in using excessive and unreasonable force were caused by "an occurrence" and, thus, homeowners' insurance covered liability.

Citation DaCruz v. State Farm Fire and Casualty Co., 794 A.2d 1117 (App. Ct., Conn., 2002)

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