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M.J. FRENZY, LLC v. UTICA NATIONAL INSURANCE GROUP

309 A.D.2d 566 (2003)

765 N.Y.S.2d 38

M.J. FRENZY, LLC, Respondent, v. UTICA NATIONAL INSURANCE GROUP, Appellant.

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

Decided October 9, 2003.

Plaintiff jazz club is insured under a policy issued by defendant that contains an exclusion for "bodily injury * * * intended from the standpoint of the insured" but which exempts from such exclusion "bodily injury resulting from the use of reasonable force to protect persons or property." On April 23, 2000, plaintiff's bartender was involved in an altercation after a drunk, disorderly and abusive patron grabbed him. Police responded...

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