Amica Mutual Insurance v. Grose

Judgment unanimously reversed on the law without costs, motion denied, cross motion *878granted in part and judgment granted to defendant, all in accordance with the following memorandum: Supreme Court erred by granting summary judgment to the plaintiff and declaring that it has no duty to defend or indemnify its insured, defendant Michael Grose. Grose was sued by codefendant for damages for injuries she allegedly suffered when Grose sexually assaulted her. Codefendant’s amended complaint contains three causes of action; the first alleges intentional assault and the second and third causes of…