Safian v. Ætna Life Insurance

On this appeal appellant contends that a physician’s liability policy indemnifying him against loss from claims for damages “ on account of any malpractice, error or mistake com*766mitted ” by the assured covers liability in an action for breach of contract to remove facial blemishes. On the material and relevant facts that are not in dispute, we think the Special Term properly denied the plaintiff’s motion for summary judgment and granted defendant’s motion, and that the judgment in defendant’s favor should be affirmed.

The policy was issued in February, 1934. In November, 1935, one Kirsch, a…