Princeton Insurance v. Chunmuang

The opinion of the Court was delivered by

STEIN, J.

The critical issue posed by this appeal is whether an exclusion from coverage in a medical malpractice insurance policy for “injury resulting from [the physician’s] performance of a criminal act” insulates the insurer from liability for compensatory damages awarded to the insured’s patient in an action based on a sexual assault by the insured physician in the course of a gynecological examination. In a published opinion, 292 N.J.Super. 349, 678 A.2d 1143 (1996), a divided panel of the Appellate Division affirmed the Law Division’s…