Cosmopolitan Mutual Insurance v. Trapier
New York Court of Appeals
Cosmopolitan Mutual Insurance v. Trapier, 15 N.Y.2d 503 (N.Y. 1964)
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.
Reference
- Full Case Name
- Cosmopolitan Mutual Insurance Company v. James Trapier, and Roosevelt Jackson
- Cited By
- 2 cases
- Status
- Published