No Contest, No Coverage


As a consequence of a physical altercation, Kent Bearden pleaded no contest to disorderly conduct which as defined by Anchorage Municipal Code forbids a person to “knowingly challenge another to fight, or engage in fighting other than in self-defense”.  When Paul Rasmussen filed a civil suit against Bearden for injuries allegedly sustained in the altercation, Bearden looked to insurer to defend and indemnify him under his homeowners policy; however, the insurer stated that there was no duty to defend because based on the plea of no contest, the incident was not considered to be an accident as required for coverage to apply.

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