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Cosmopolitan Mutual Insurance v. Trapier

202 N.E.2d 558, 15 N.Y.2d 503, 254 N.Y.S.2d 111, 1964 N.Y. LEXIS 894
CourtNew York Court of Appeals
DecidedOctober 15, 1964
StatusPublished
Cited by2 cases

This text of 202 N.E.2d 558 (Cosmopolitan Mutual Insurance v. Trapier) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cosmopolitan Mutual Insurance v. Trapier, 202 N.E.2d 558, 15 N.Y.2d 503, 254 N.Y.S.2d 111, 1964 N.Y. LEXIS 894 (N.Y. 1964).

Opinion

Order affirmed, with costs, and certified question answered in the affirmative. A judgment for plaintiffs in the negligence action, sought here to be stayed, will not preclude plaintiff insurer in this action from attempting to prove that the liability, if any, of James Trapier is not within, the policy coverage because the occurrence was in reality an intentional assault (Exchange Mut. Ins. Co. v. Blazey, 19 A D 2d 682, mot. for lv. to app. den. 13 N Y 2d 601; see Prashker v. United States Guar. Co., 1 N Y 2d 584).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Wan Vookhis, Burke, Scileppi and Bergan.

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Related

Kaczmarek v. Shoffstall
119 A.D.2d 1001 (Appellate Division of the Supreme Court of New York, 1986)
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106 Misc. 2d 5 (New York Supreme Court, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
202 N.E.2d 558, 15 N.Y.2d 503, 254 N.Y.S.2d 111, 1964 N.Y. LEXIS 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cosmopolitan-mutual-insurance-v-trapier-ny-1964.