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McGINLEY v. ODYSSEY RE

15 A.D.3d 218 (2005)

790 N.Y.S.2d 13

KEVIN McGINLEY, Appellant, v. ODYSSEY RE (LONDON), Formerly Known as SPHERE DRAKE INSURANCE COMPANY, LTD., et al., Respondents.

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

February 8, 2005.

Inasmuch as plaintiff's claims in the underlying personal injury action all arose by reason of the assault and battery committed against him on the premises of defendants' insured (see Mount Vernon Fire Ins. Co. v Creative Hous. Ltd., 88 N.Y.2d 347, 352 [1996]), and the policy issued by defendants to that insured contained an exclusion for assault and/or battery claims, it is clear that...

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