Agoado Realty Corp., Respondents v. United International Insurance Company, Appellant, Defendants

Summary

The Court held that the tenant's murder is an "accident" and thus a covered occurrence, that the policy's "expected or intended" exclusion does not apply, that the insurer may not assert that exclusion as an affirmative defense because of the statutory deadline, and that the appellate division erred in granting summary judgment on the second and third affirmative defenses, which are reinstated. The first affirmative defense remains a factual issue.