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PRINCETON INS. CO. v. CHUNMUANG

151 N.J. 80 (1997)

698 A.2d 9

PRINCETON INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. PRASERT CHUNMUANG, M.D., DEFENDANT, AND JUNE DAVIS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 8, 1997.

Attorney(s) appearing for the Case

Joseph P. La Sala argued the cause for appellant (McElroy, Deutsch & Mulvaney, attorneys; Mr. La Sala, Thomas P. Scrivo, and John T. Coyne, on the briefs).

Donald A. Caminiti argued the cause for respondent (Breslin and Breslin, attorneys; Karen Boe Gatlin and Lawrence Z. Farber, on the brief).

Michael A. Ferrara, Jr., and Jennifer A. Deiter submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America-New Jersey (Ferrara & Rossetti, attorneys).

Joseph R. McDonough submitted a brief on behalf of amicus curiae American Insurance Association (Graham, Curtin & Sheridan, attorneys).

The opinion of the Court was delivered by STEIN, J.

The critical issue posed by this appeal is whether an exclusion from coverage in a medical malpractice insurance policy for "injury resulting from [the physician's] performance of a criminal act" insulates the insurer from liability for compensatory damages awarded to the insured's patient in an action based on a sexual assault by the insured physician in the course of a gynecological examination. In a published...

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