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MATTER OF TRAVELERS INDEMNITY COMPANY v. CRUZ

40 A.D.3d 362 (2007)

835 N.Y.S.2d 567

In the Matter of TRAVELERS INDEMNITY COMPANY, Sued Herein as TRAVELERS INSURANCE COMPANY, Respondent, v. RICHARD CRUZ et al., Appellants, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Proposed Respondents.

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

Decided May 15, 2007.

Based upon a fair interpretation of the credible evidence, the court correctly concluded that the collision was intentional, under which circumstances neither of respondents was entitled to coverage, regardless of the innocence of either one, and regardless of whether the incident was motivated by fraud or malice (see Matter of Allstate Ins. Co. v Massre, 14 A.D.3d 610 [2005]). Moreover...

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