Pistolesi v. Nationwide Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
At issue in this appeal is whether defendant, an insurance company, has a duty to defend one of its insureds in a civil action in which the victim of a series of rapes seeks to recover damages for physical and emotional injuries sustained as a result of the rapes. The amended complaint in the underlying action alleges that plaintiff Mariano Pistolesi (hereinafter the insured), defendant’s insured under a homeowner’s policy issued to plaintiff Anatoli Pistolesi, acted intentionally in subjecting the victim to physical battery, including nonconsensual sexual…
2Cases cited15 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Allstate Insurance v. MugaveroNew York Court of Appeals · 1992
- Public Service Mutual Insurance v. GoldfarbNew York Court of Appeals · 1981
- Miller v. Continental InsuranceNew York Court of Appeals · 1976
- Mazzaferro v. Albany Motel Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Allegany Co-op Insurance v. KohorstAppellate Division of the Supreme Court of the State of New York · 1998
- Pennsylvania Millers Mutual Insurance v. RigoAppellate Division of the Supreme Court of the State of New York · 1998
- Sawyer v. WightDistrict Court, E.D. New York · 2002
- Jubin v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
- Progressive Northern Insurance v. RaffertyAppellate Division of the Supreme Court of the State of New York · 2005
16 more not listed; retrieve them via the Exa API.