DESIR v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY


50 A.D.3d 942 (2008)

856 N.Y.S.2d 664

JOEL DESIR et al., Appellants, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Respondent, et al., Defendant.

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

Decided April 22, 2008.


Ordered that the order and judgment is affirmed, with costs.

The assault alleged in the underlying action is an intentional act, which does not constitute an "occurrence" within the meaning of the policy issued by the defendant Nationwide Mutual Fire Insurance Company (hereinafter the insurer) to the defendant Hector Sburlati (hereinafter the insured), which defines "occurrence" as a "bodily injury or property damage resulting from an accident, including continuous...

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