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HOUGH v. USAA CASUALTY INSURANCE COMPANY

6963, 601490/07, 433.

93 A.D.3d 405 (2012)

940 N.Y.S.2d 41

2012 NY Slip Op 1549

DENNIS HOUGH, Appellant, v. USAA CASUALTY INSURANCE COMPANY, Respondent.

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

Decided March 1, 2012.

Defendant's disclaimer of its duty to defend its insured in the underlying action does not bar it from asserting that its insured injured plaintiff intentionally, because that assertion is not a defense extending to the merits of plaintiff's personal injury claims against the insured (see Robbins v Michigan Millers Mut. Ins. Co., 236 A.D.2d 769, 771 [1997]). Since the underlying action culminated in a default judgment and the issue...

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