Delaware High Court:  Whether Assault Is An Accident Is Decided By Insured’s Intent

(February 3, 2020, 1:39 PM EST) -- DOVER, Del.— The Delaware Supreme Court on Jan. 29 reversed and remanded a lower court’s ruling that an insurer has a duty to defend and indemnify its insured against underlying lawsuits arising from the death of a high school student, finding that “whether an assault is an ‘accident’ is determined by the intent of the insured, and not by the viewpoint of the victim” (USAA Casualty Insurance Company v. Trinity Carr, No. 273, 2019, Del. Sup., 2020 Del. LEXIS 38)....

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