Landlord Covered for Assault on Tenant by Unknown Assailant

LVT Number: 14208

Tenant's family sued landlord, claiming negligent security after tenant was murdered in landlord's building by an unknown attacker. Landlord's insurance company claimed that it didn't have to cover landlord for liability because the incident was an intentional attack, not an accidental ''occurrence.'' The court ruled against the insurer. For purposes of insurance law, the attack was an accident and was covered as an occurrence under landlord's liability insurance policy.

Tenant's family sued landlord, claiming negligent security after tenant was murdered in landlord's building by an unknown attacker. Landlord's insurance company claimed that it didn't have to cover landlord for liability because the incident was an intentional attack, not an accidental ''occurrence.'' The court ruled against the insurer. For purposes of insurance law, the attack was an accident and was covered as an occurrence under landlord's liability insurance policy.

1 No. 78 Agoado Realty Corp. v. United Intl. Ins. Co.: NYLJ, 6/21/00, p. 27, col. 2 (Ct. App.; Wesley, J)