Justice Joan Madden

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Insurer United Services Automobile Association (USAA) sought a declaration it had no duty to defend or indemnify insured Iannuzzi in an underlying personal injury suit, moving for summary judgment. Iannuzzi cross-moved for summary judgment. USAA argued as Iannuzzi pleaded guilty to criminal assault with intent to injure another person in connection with the conduct alleged against him in the underlying suit, he was not entitled to indemnity or a defense under his homeowners insurance policy. Iannuzzi argued USAA had a duty to defend and indemnify him as the allegations in the underlying complaint fall within the scope of coverage, without regard to factual issues that may develop. The court ruled, after an examination of the underlying action’s complaint, Iannuzzi was entitled to coverage under the policy, noting it alleged Iannuzzi negligently caused injuries, and if the allegations could be proven they would fall within the scope of the policy as a covered occurrence. It stated the Court of Appeals defined an accident as pertaining not only to unintentional, but to intentional events which unintentionally result in injury or death. USAA was obligated to defend Iannuzzi in the underlying action, but if it had to indemnify Iannuzzi raised an issue of fact to be resolved in that action.