Levinson v. Aetna Casualty & Surety Co.

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered September 11, 1972 in Ulster County, upon a decision of the court at a Trial Term without a jury. The plaintiff, David Levinson, is a named defendant in an action for false arrest and malicious prosecution brought by David Kessler. He has a liability insurance policy with the defendant and contends that, pursuant to this policy, defendant is obligated to defend the action brought by Kessler. The defendant contends that such is not the case because the acts which gave rise to Kessler’s action were intended to cause…