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TASSO v. AETNA INS. CO.

247 A.D.2d 376 (1998)

668 N.Y.S.2d 644

John Tasso, Appellant, v. Aetna Insurance Company et al., Respondents

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

February 2, 1998

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly declared that the defendant Atlantic Mutual Insurance Company had no duty to defend or indemnify the plaintiff in Doe v Neilson, pending in the Supreme Court, Dutchess County, under Index No. 4416/94. The injuries alleged in Doe v Neilson grow out of an alleged rape of Doe. Since the policy under which the plaintiff seeks to recover provides coverage for accidentally...

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