DOE v. ALLSTATE INS CO.


187 A.D.2d 181 (1993)

Jane Doe, Respondent, v. Allstate Insurance Company, Appellant, and Jill Doe et al., Respondents

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

February 5, 1993


Attorney(s) appearing for the Case

Hurwitz & Fine, P. C., Buffalo (Amy Carroll of counsel), for appellant.

Magavern & Magavern, Buffalo (Marianne Hanley of counsel), for Jane Doe, respondent.

Maloney, Gallup, Roach, Brown & McCarthy, Buffalo (Daniel Roach of counsel), for John Doe, respondent.

Hamsher & Valentine, Buffalo (Richard Valentine of counsel), for Jill Doe, respondent.

CALLAHAN, J. P., PINE, BOEHM and FALLON, JJ., concur.


LAWTON, J.

This appeal concerns whether coverage should be provided under a homeowners general liability policy in an intrafamilial action that alleges sexual, physical and psychological abuse. In determining this declaratory judgment action, we need not be concerned with the truth or falsity of the facts alleged in the underlying action, as we must deem them to be true. Those facts are most unsettling because...

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