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STATE FARM INS. CO. v. LANGAN

No. 40.

16 N.Y.3d 349 (2011)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent-Appellant, v. JOHN ROBERT LANGAN, as Administrator of the Estate of NEIL CONRAD SPICEHANDLER, Deceased, Appellant-Respondent.

Court of Appeals of New York.

Decided March 29, 2011.

Attorney(s) appearing for the Case

Saiber, LLC, New York City ( Jennine DiSomma of counsel), for appellant-respondent.

Rivkin Radler LLP, Uniondale ( Evan H. Krinick , Cheryl F. Korman and Harris J. Zakarin of counsel), for respondent-appellant.

Judges CIPARICK, GRAFFEO, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents and votes to affirm in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

Chief Judge LIPPMAN.

At issue in this appeal is whether the insured decedent, the victim of an intentional crime, was injured as the result of an accident within the meaning of the uninsured motorist endorsement and certain other provisions of the insured's policy. Since the occurrence must be viewed from the insured's perspective, we conclude that it was indeed an accident and that the...

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