D'Arata v. New York Central Mutual Fire Insurance

*662OPINION OF THE COURT

Hancock, Jr., J.

In this action under Insurance Law § 3420 (b) (1), plaintiff, a shooting victim,1 is seeking to recover from the insurer of the assailant the amount of a default judgment obtained against the assailant who had been convicted of first degree assault for the incident resulting in plaintiff’s injuries. Plaintiff, the complaining witness, testified for the prosecution in the criminal case. The insurance policy expressly excludes recovery for bodily injury "expected or intended by the Insured”. The issue in plaintiff’s appeal is whether the insurer may use the…