Legal Opinion
RJC Realty Holding Corp. v. Republic Franklin Insurance
New York Court of Appeals
Decided April 1, 2004PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
R.S. Smith, J.
The issue here is whether a liability insurer is obligated to defend and indemnify its insured, a “beauty salon/health spa,” in an action brought against the insured based on an alleged sexual assault by the insured’s employee. We hold that the alleged assault was an “accident” within the meaning of the policy, and that the policy’s exclusions for injuries expected or intended from the standpoint of the insured and for bodily injury arising out of body massage do not apply. We therefore hold that the insurer is obligated to defend and indemnify.
Facts and…
2Cases cited9 opinions
- Riviello v. WaldronNew York Court of Appeals · 1979
- Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
- Miller v. Continental InsuranceNew York Court of Appeals · 1976
- Judith M. v. Sisters of Charity HospitalNew York Court of Appeals · 1999
- Jones v. WeigandAppellate Division of the Supreme Court of the State of New York · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Galper v. JP Morgan Chase Bank, N.A.Court of Appeals for the Second Circuit · 2015
- White v. Hampton Management Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Fauntleroy v. EMM Group Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Zanfardino v. City of New YorkDistrict Court, S.D. New York · 2017
- National Football League v. Vigilant InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
27 more not listed; retrieve them via the Exa API.