Judge:  Ambiguous Policy Term, Contradictory Exclusionary Language Favor Coverage

(June 18, 2019, 9:37 AM EDT) -- DOVER, Del. — A Delaware judge on June 12 held that because the meaning of “accident” in an insurance policy’s definition of "occurrence" is ambiguous and because the language of the intentional tort policy exclusion is “confusing and contradictory,” the policy language must be construed against an insurer, finding that the insurer has a duty defend and indemnify its insured against underlying lawsuits arising from the tragic death of a high school student (USAA Casualty Insurance Co.  v. Trinity Carr, No. K18C-05-050 NEP, Del. Super., Kent. Co., 2019 Del. Super. LEXIS 280)....