NASSAU INS. CO. v. MEL JO-JO CAB CORP.


78 A.D.2d 549 (1980)

Nassau Insurance Company, Respondent-Appellant, v. Mel Jo-Jo Cab Corp. et al., Respondents, and David L. Knight, Appellant-Respondent

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

September 29, 1980


Judgment affirmed, without costs or disbursements.

On the facts of this case, and pursuant to the language of the policy of insurance issued by plaintiff to the named insured, Mel Jo-Jo Cab Corp., an assault on the passenger Cohen by the named insured's employee, Knight, constituted an accident with respect to the insurer's obligation to defend its named insured. It did not, however, constitute an accident with respect to the potential obligation to defend Knight...

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