Legal Opinion
De Luca v. Coal Merchants Mutual Insurance
Appellate Terms of the Supreme Court of New York
Decided December 21, 1945PublishedCited by 11 opinions
1Per curiam
Under the provisions of the policy there was no coverage for an assault committed by or at the direction of the insured. The assault was committed by the manager and president of the corporation acting in the line of his duty and in the interests of the corporation. The corporation is consequently liable for the assault. (McLoughlin v. New York Edison Co., 252 N. Y. 202.) The assault therefore may not be considered an accident within the meaning of clause 3 of the policy.
The judgment should be reversed, with costs and complaint dismissed, with costs.
Hammer, McLaughlin and Eder, JJ., concur.
Jud…
2Cases cited1 opinion
- McLoughlin v. New York Edison Co.New York Court of Appeals · 1929
3Cited by11 opinions
- Morgan v. Greater New York Taxpayers Mutual InsuranceNew York Court of Appeals · 1953
- McCarthy v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Malanga v. Manufacturers Casualty InsuranceSupreme Court of New Jersey · 1958
- Sterling Insurance Company v. HughesDistrict Court of Appeal of Florida · 1966
- Nassau Insurance v. Mel Jo-Jo Cab Corp.New York Supreme Court · 1980
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