New York Court of Appeals, 1964

Cosmopolitan Mutual Insurance v. Trapier

Cosmopolitan Mutual Insurance v. Trapier
New York Court of Appeals · Decided October 15, 1964
15 N.Y.2d 503; 202 N.E.2d 558; 254 N.Y.S.2d 111; 1964 N.Y. LEXIS 894

Cosmopolitan Mutual Insurance v. Trapier

Opinion of the Court

Order affirmed, with costs, and certified question answered in the affirmative. A judgment for plaintiffs in the negligence action, sought here to be stayed, will not preclude plaintiff insurer in this action from attempting to prove that the liability, if any, of James Trapier is not within, the policy coverage because the occurrence was in reality an intentional assault (Exchange Mut. Ins. Co. v. Blazey, 19 A D 2d 682, mot. for lv. to app. den. 13 N Y 2d 601; see Prashker v. United States Guar. Co., 1 N Y 2d 584).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Wan Vookhis, Burke, Scileppi and Bergan.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.