New York Court of Appeals, 2003

Peters v. State Farm Fire and Casualty Company

New York Court of Appeals · Decided October 30, 2003 · Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read Concur

801 N.E.2d 416; 100 N.Y.2d 634; 769 N.Y.S.2d 195; 2003 N.Y. LEXIS 3421 (North Eastern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

KEMPER INDEPENDENCE INSURANCE CO. v. ELLIS, LENORE (Appellate Division of the Supreme Court of New York 2015)
Kemper Independence Insurance v. Ellis (Appellate Division of the Supreme Court of New York 2015)
Kemper Independence Insurance v. Ellis (Appellate Division of the Supreme Court of New York 2015)
Automobile Insurance of Hartford v. Cook (Appellate Division of the Supreme Court of New York 2005)
Allstate Insurance v. Schimmel (Appellate Division of the Supreme Court of New York 2005)
National Grange Mutual Insurance v. Utica Mutual Insurance (Appellate Division of the Supreme Court of New York 2004)
Smith v. New York Central Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 2004)
Martin v. Safeco Ins. Co. of Am. (New York Supreme Court, New York County 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs to defendant, by granting judgment declaring that defendant has no duty to indemnify in connection with the underlying personal injury action and, as so modified, affirmed (see Lanza v Wagner, 11 NY2d 317 [1962], cert denied 371 US 901 [1962]). State Farm demonstrated as a matter of law that the policy exclusion for “bodily injury,” which is either “expected or intended by an insured” or “which is the result of willful and malicious acts of an insured,” precludes coverage of the incident at issue (see Allstate Ins. Co. v Mugavero, 79 NY2d *636 153 [1992]). Moreover, State Farm, which learned of the claim in January 1992 and issued reservation of rights letters in February, concluded its investigation and timely disclaimed coverage based on the policy exclusion on April 9, 1992.

Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified, with costs to defendant, by declaring that defendant has no duty to indemnify in connection with the underlying personal injury action and, as so modified, affirmed, in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.