Gibbs v. General Accident Insurance

Appeal from an order of the Supreme Court (Best, J.), entered *853June 30, 1998 in Montgomery County, which, inter alia, partially denied defendant’s motion for summary judgment dismissing the complaint.

Defendant issued a homeowner’s policy to plaintiff which was in effect for the period of March 19, 1991 to March 19, 1992. The policy excluded coverage for personal liability and/or medical payments to others due to bodily injury “expected or intended by the insured”.

On or about February 24, 1993, plaintiff was charged with first degree sexual abuse, a felony, and endangering the welfare of a…