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De Luca v. Coal Merchants Mutual Insurance

203 Misc. 261, 59 N.Y.S.2d 664, 1945 N.Y. Misc. LEXIS 2623
CourtAppellate Terms of the Supreme Court of New York
DecidedDecember 21, 1945
StatusPublished
Cited by11 cases

This text of 203 Misc. 261 (De Luca v. Coal Merchants Mutual Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
De Luca v. Coal Merchants Mutual Insurance, 203 Misc. 261, 59 N.Y.S.2d 664, 1945 N.Y. Misc. LEXIS 2623 (N.Y. Ct. App. 1945).

Opinion

Per Curiam.

Under the provisions of the policy there was no coverage for an assault committed by or at the direction of the insured. The assault was committed by the manager and president of the corporation acting in the line of his duty and in the interests of the corporation. The corporation is consequently liable for the assault. (McLoughlin v. New York Edison Co., 252 N. Y. 202.) The assault therefore may not be considered an accident within the meaning of clause 3 of the policy.

The judgment should be reversed, with costs and complaint dismissed, with costs.

Hammer, McLaughlin and Eder, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)
203 Misc. 261, 59 N.Y.S.2d 664, 1945 N.Y. Misc. LEXIS 2623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-luca-v-coal-merchants-mutual-insurance-nyappterm-1945.