The insured was involved in a "heated verbal discussion" with his fiancée. During the "discussion," the insured pushed his fiancée, causing her to fall to the ground and break her wrist. After they were married and after other episodes of violence, the former fiancée and now wife filed suit against her husband.

The insured requested defense under his homeowners policy. Defense was denied as the wife was now considered an insured on the policy, as his spouse, and the injuries caused were intentional. The insured hired his own defense counsel. The insured and his wife settled their action.

The insured also started an action against the insurer, citing that the injuries were of a different kind and degree than intended and expected, and demanded reimbursement for defense expenses.

The Supreme Court ruled that the insurer had no obligation to defend the actions that occurred after the couple were married as the wife was at that time a co-insured. However, it was further ruled that the insurer was obligated to defend the insured for the action that occurred before the marriage.

The insurer appealed. In the appeal, the ruling went in favor of the insurer and against the insured citing that injury inflicted by the insured fell within the intentional injury exclusion. The insurer was absolved from providing coverage for defense costs.

Doyle, Jr., Respondent-Appellant v. Allstate Insurance Company, Appellant-Respondent. NYAppCt. No. 82172. Filed November 19, 1998. CCH 1998 Fire and Casualty Cases, Paragraph 6582.