Peters v. State Farm Fire and Casualty Company

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs to defendant, by granting judgment declaring that defendant has no duty to indemnify in connection with the underlying personal injury action and, as so modified, affirmed (see Lanza v Wagner, 11 NY2d 317 [1962], cert denied 371 US 901 [1962]). State Farm demonstrated as a matter of law that the policy exclusion for “bodily injury,” which is either “expected or intended by an insured” or “which is the result of willful and malicious acts of an insured,” precludes coverage of the incident at issue…