PISTOLESI v. NATIONWIDE INS.


223 A.D.2d 94 (1996)

644 N.Y.S.2d 819

Mariano Pistolesi et al., Respondents, v. Nationwide Mutual Fire Insurance Company, Appellant

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

June 20, 1996


Attorney(s) appearing for the Case

Brooks & Meyer, Lake Placid (James M. Brooks of counsel), for appellant.

Petrone & Petrone, P. C., Utica (Linda A. Hughes and James P. Godemann of counsel), for respondents.

MERCURE, J. P., WHITE, PETERS and SPAIN, JJ., concur.


CASEY, J.

At issue in this appeal is whether defendant, an insurance company, has a duty to defend one of its insureds in a civil action in which the victim of a series of rapes seeks to recover damages for physical and emotional injuries sustained as a result of the rapes. The amended complaint in the underlying action alleges that plaintiff Mariano Pistolesi (hereinafter the insured), defendant's insured under...

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