McCarthy v. Motor Vehicle Accident Indemnification Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Halpbbít, J.
The question here presented is this: May the Motor Vehicle Accident Indemnification Corporation be held liable, under its uninsured motorist indorsement, for injuries caused by an assault and battery committed by an insured motorist, where the insurance company covering the automobile was absolved from liability upon the ground that the assault and battery was not an accident within the meaning of the liability insurance policy?
It is undisputed that the plaintiff’s injuries were caused by an assault and battery committed by her brother-in-law, David Branch. On October 18, 1959,…
2Cases cited6 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
- Farm Bureau Mut. Automobile Ins. Co. v. HammerCourt of Appeals for the Fourth Circuit · 1949
- Morgan v. Greater New York Taxpayers Mutual InsuranceNew York Court of Appeals · 1953
- Floralbell Amusement Corp. v. Standard Surety & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1939
1 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Roller v. Stonewall InsuranceWashington Supreme Court · 1990
- Putnam v. New Amsterdam Casualty Co.Illinois Supreme Court · 1970
- Race v. Nationwide Mut. Fire Ins. Co.Supreme Court of Florida · 1989
- Leatherby Insurance Company v. WilloughbyDistrict Court of Appeal of Florida · 1975
- State Farm Mutual Automobile Insurance Co. v. McMillanSupreme Court of Colorado · 1996
50 more not listed; retrieve them via the Exa API.