Intentionally Striking Another Individual Ruled Not An 'Occurrence' And Therefore Uncovered Even If Done In Self-Defense

David v. Allstate Ins. Co., 2014 U.S. Dist. LEXIS 119473 (C.D. Cal. Aug. 25, 2014)

In David, the Central District of California ruled that intentionally hitting and biting another person was not an accident, and therefore did not fall within a homeowners' policy's definition of "occurrence," even though the hitting and biting was allegedly done in self-defense.

David arose out of an altercation between the insured and the claimant on October 17, 2007. While certain details of the altercation were disputed, both parties agreed that the insured struck the claimant with a hammer and bit her. These allegations resulted in a criminal complaint against the insured for attempted...