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In a case that illustrates a debate that has divided courts across the country, a divided New York appellate panel ruled Thursday that a man who killed an intruder in his home in self-defense is not entitled to insurance defense in a wrongful death action. The panel strictly construed the insurance policy language in holding that because the defendant shot the decedent at close range with a 12-gauge shotgun, the action triggered an exception for incidents that are "expected or intended" by the insured.
September 16, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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