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ALLSTATE INS. CO. v. SCHMITT

238 N.J. Super. 619 (1990)

570 A.2d 488

ALLSTATE INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. PETER SCHMITT AND 5738 CORPORATION, D/B/A SMILES COCKTAIL LOUNGE AND RESTAURANT, DEFENDANTS-APPELLANTS, AND JOSEPH SCALERA, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1990.

Attorney(s) appearing for the Case

Richard M. Chisholm argued the cause for appellant Peter Schmitt (Sellar, Richardson, Stuart & Chisolm, attorneys, Richard M. Chisholm of counsel and on the brief).

Gregory Helfrich argued the cause for appellant 5738 Corporation d/b/a/ Smiles Cocktail Lounge and Restaurant (O'Donnell, McCord & Leslie, attorneys, Paul A. Woodford of counsel and on the brief).

John Haschak, II, argued the cause for respondent Allstate Insurance Company (Leary, Bride, Tinker & Moran, attorneys, John Haschak, II, on the brief).

Before Judges KING, BAIME and KEEFE.

The opinion of the court was delivered by BAIME, J.A.D.

This appeal requires us to construe exclusionary language contained in a homeowners policy barring coverage for bodily injury "reasonably expected to result" from the insured's criminal acts. At issue is whether this provision relieves the insurer from its obligation to defend and indemnify its insured with respect to harm that is said to be the unintended result...

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