D'ARATA v. NEW YORK CENT. MUT. FIRE INS. CO.


152 A.D.2d 1004 (1989)

Robert D'Arata et al., Respondents, v. New York Central Mutual Fire Insurance Company, Appellant

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

July 12, 1989


Order unanimously reversed on the law without costs, defendant's motion granted and complaint dismissed.

Memorandum:

Special Term erred in denying defendant's motion to dismiss the complaint in this action to compel the defendant insurer to pay an unsatisfied default judgment. The subject homeowner's insurance policy specifically excluded coverage for bodily injuries "expected or intended by the insured". Here, the insured's conviction for first degree assault...

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