LEVINSON v. AETNA CAS. & SUR. CO.


42 A.D.2d 811 (1973)

David Levinson, Respondent, v. Aetna Casualty and Surety Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 19, 1973


The plaintiff, David Levinson, is a named defendant in an action for false arrest and malicious prosecution brought by David Kessler. He has a liability insurance policy with the defendant and contends that, pursuant to this policy, defendant is obligated to defend the action brought by Kessler. The defendant contends that such is not the case because the acts which gave rise to Kessler's action were intended to cause "personal injury" (see § 3.1, subd. [b] of the policy...

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