D'Arata v. New York Central Mutual Fire Insurance

Order unanimously reversed on the law without costs, defendant’s motion granted and complaint dismissed. Memorandum: Special Term erred in denying defendant’s motion to dismiss the complaint in this action to compel the defendant insurer to pay an unsatisfied default judgment. The subject homeowner’s insurance policy specifically excluded coverage for bodily injuries "expected or intended by the insured”. Here, the insured’s conviction for first degree assault conclusively established that the injuries plaintiffs received were intentionally caused by the insured and, therefore, plaintiffs are…