Watkins Glen Central School District v. National Union Fire Ins.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
S. Miller, J.
This appeal presents an issue of first impression. Where a school district seeks defense and indemnification under an errors and omissions policy of liability insurance, in connection with charges that it was negligent in the hiring and supervision of a teacher with a history of sexual misconduct with students, may the insurer disclaim coverage under exclusions, inter alia, for intentional acts? We find that to permit the insurer to do so would wholly vitiate coverage and frustrate the reasonable expectations of the insured, contrary to the parties’…
2Cases cited20 opinions
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
- Mount Vernon Fire Insurance v. Creative Housing Ltd.New York Court of Appeals · 1996
- Allstate Insurance v. MugaveroNew York Court of Appeals · 1992
- U.S. Underwriters Insurance v. Val-Blue Corp.New York Court of Appeals · 1995
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3Cited by10 opinions
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- Ace Fire Underwriters Insurance v. Orange- Ulster Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2003
- Gladstein & Isaac v. Philadelphia Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
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