Mesmer & Sons Dairy, Inc. v. Hartford Insurance Group

Appellate Division of the Supreme Court of New York

Mesmer & Sons Dairy, Inc. v. Hartford Insurance Group

155 A.D.2d 955, 549 N.Y.S.2d 618, 1989 N.Y. App. Div. LEXIS 14825

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1989·Published

Opinion

— Judgment unanimously affirmed with costs. Memorandum: In this declaratory judgment action plaintiff seeks insurance coverage for damages sought by the Attorney-General in a special proceeding against it. Those damages, for severe emotional distress, humiliation and mental anguish, are not within the bodily injury coverage of the policy issued by defendant to Mesmer. County of Chemung v Hartford Cas. Ins. Co. (130 Misc 2d 648), relied on by plaintiff, is distinguishable. (Appeal from judgment of Supreme Court, Erie County, Fallon, J. — declaratory judgment.) Present — Boomer, J. P., Green, Pine, Balio and Davis, JJ.

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— Judgment unanimously affirmed with costs. Memorandum: In this declaratory judgment action plaintiff seeks insurance coverage for damages sought by the Attorney-General in a special proceeding against it. Those damages, for severe emotional distress, humiliation and mental anguish, are not within the bodily injury coverage of the policy issued by defendant to Mesmer. County of Chemung v Hartford Cas. Ins. Co. (130 Misc 2d 648), relied on by plaintiff, is distinguishable. (Appeal from judgment of Supreme Court, Erie County, Fallon, J. — declaratory judgment.) Present — Boomer, J. P., Green, Pine, Balio and Davis, JJ.

Mesmer & Sons Dairy, Inc. v. Hartford Insurance Group, 155 A.D.2d 955, 549 N.Y.S.2d 618, 1989 N.Y. App. Div. LEXIS 14825 (N.Y. Ct. App. 1989).

Pincite

155 A.D.2d 955 (Mesmer & Sons Dairy, Inc. v. Hartford Insurance Group) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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