Legal Opinion
Pawelek v. Security Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1988PublishedCited by 8 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs and defendant’s motion for summary judgment granted, in accordance with the following memorandum: Special Term erred in granting plaintiff’s motion and in denying defendant’s cross motion for summary judgment. On this record, defendant has established its entitlement to summary judgment by conclusively demonstrating that the injuries plaintiff received resulted not from negligence but from an intentional assault (see, Allstate Ins. Co. v Riggio, 125 AD2d 515). As a result there was no coverage under the terms of defendant’s policy and…
2Cases cited5 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- New York Casualty Insurance v. WardAppellate Division of the Supreme Court of the State of New York · 1988
- Spinosa v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
- Katz v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Allstate Insurance v. RiggioAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by8 opinions
- Utica Fire Insuance v. SheltonAppellate Division of the Supreme Court of the State of New York · 1996
- Melito v. RomanoAppellate Division of the Supreme Court of the State of New York · 1990
- Ward v. Security Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- John Hancock Property & Casualty Insurance v. WarmuthAppellate Division of the Supreme Court of the State of New York · 1994
- Nancie D. v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
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