AGOADO CORP. v. INTL. INS.


95 N.Y.2d 141 (2000)

733 N.E.2d 213

711 N.Y.S.2d 141

AGOADO REALTY CORP. et al., Respondents, v. UNITED INTERNATIONAL INSURANCE COMPANY, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 20, 2000.


Attorney(s) appearing for the Case

Feder Kaszovitz Isaacson Weber Skala & Bass, L. L. P., New York City (Bruce Robins and Richard J. Gottlieb of counsel), for appellant.

Goldberg & Carlton, New York City (Robert H. Goldberg of counsel), for respondents.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.


OPINION OF THE COURT

WESLEY, J.

In this appeal we are asked to determine whether the intentional assault of a tenant by an unknown assailant is an "accident" and hence a covered "occurrence" under a landlord's insurance policy, and whether a policy exclusion for "expected or intended" injuries applies. We conclude that the loss is a covered occurrence and, concomitantly, that the policy exclusion does not apply to the circumstances presented here.

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