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QBE INS. CORP. v. JINX-PROOF INC.

No. 25

22 N.Y.3d 1105 (2014)

6 N.E.3d 583

983 N.Y.S.2d 465

2014 NY Slip Op 1100

QBE INSURANCE CORPORATION, Respondent, v. JINX-PROOF INC., Doing Business as BEAUTY BAR, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided February 18, 2014.

Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown ( John M. Denby of counsel), for appellant.

Thomas M. Bona, PC., White Plains ( Anthony M. Napoli and Thomas M. Bona of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Plaintiff QBE Insurance Corp. (QBE) issued a liability policy to defendant Jinx-Proof Inc. (Jinx-Proof) that contained an assault and battery exclusion. In December 2007, a patron of a bar owned by Jinx-Proof commenced the underlying personal injury action to recover for injuries she allegedly...

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