Merchants Insurance v. Weaver
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (McNamara, J.), entered August 3, 2005 in Albany County, which granted plaintiffs motion for summary judgment.
Plaintiff issued a homeowner’s policy to Susan Sweeney. It is not disputed that her son, defendant Joshua D. Sweeney (hereinafter Sweeney), is an insured thereunder. The policy defines “[o]ccurrence” as “an accident . . . which results ... in: a ‘[bjodily injury.’ ” The policy covers an insured for damages for bodily injury caused by an occurrence, but excludes from coverage injury “expected or intended” by the insured. Sweeney pleaded guilty…
2Cases cited6 opinions
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
- Automobile Insurance v. CookNew York Court of Appeals · 2006
- First City Acceptance Corp. v. Gulf InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rhodes v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Village of Brewster v. Virginia Surety Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Guzy v. New York Central Mutual Fire Insurance CompanyAppellate Division of the Supreme Court of the State of New York · 2017
- LEO, MARK A. v. NEW YORK CENTRAL MUTUAL FIRE INSURAppellate Division of the Supreme Court of the State of New York · 2016
- Leo v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2016
2 more not listed; retrieve them via the Exa API.