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PARK TERRACE ARMS CORPORATION v. NATIONWIDE INSURANCE COMPANY

268 A.D.2d 297 (2000)

701 N.Y.S.2d 390

PARK TERRACE ARMS CORPORATION et al., Respondents, v. NATIONWIDE INSURANCE COMPANY, Appellant.

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

Decided January 18, 2000.

Since plaintiffs' employee was not acting within the scope of his duties or in any manner on plaintiffs' behalf when he committed the assault, the incident was not intended or expected, i.e., it was an accident, from plaintiffs' standpoint, and therefore a covered occurrence under the policy (see, Agoado Realty Corp. v United Intl. Ins. Co., 260 A.D.2d 112). We note that the subject policy, unlike those in the cases on which defendant...

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