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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
Appellate Terms of the Supreme Court of New York·Decided December 21, 1945·Published·Cited by 11 cases

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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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).

203 Misc. 261 (De Luca v. Coal Merchants Mutual Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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