A Guilty Plea Did Not Estop an Insured's Assertion that He Did Not Commit Assault; State Farm and Casualty Co. v. Connolly 371 N.J. Super 119 (App. Di

In a declaratory judgment action dealing with a policy exclusion for injuries intended or expected by the insured, summary judgment should not have been granted based only on the fact that the insured had pleaded guilty to third degree aggravated assault where the insured denied committing the assault and the insured's prior inconsistent statement was admissible to impeach his credibility, but judicial estoppel did not bar the insured from attempting to rebut or explain the circumstances surrounding his guilty plea.