Hartford Casualty Insurance v. Pennington

Green, J. P.

(dissenting). I respectfully dissent. Supreme Court properly determined that defendant James Pennington’s criminal conviction does not collaterally block the civil litigation of the issues whether decedent’s death was “expected or intended” by the insured (see, Allstate Ins. Co. v Zuk, 78 NY2d 41, 43-44) or was the result of a covered “occurrence” (see, Allegany Co-op Ins. Co. v Kohorst, 254 AD2d 744; General Acc. Ins. Co. v Zazynski, 229 AD2d 920, 921). Contrary to the majority’s position, Pennington’s conviction of intentional murder does not establish that decedent’s injuries…