Cosmopolitan Mutual Insurance Co. v. Trapier

Full title: COSMOPOLITAN MUTUAL INSURANCE COMPANY, Appellant, v. JAMES TRAPIER et al.…

Court: Court of Appeals of the State of New York

Date published: Oct 15, 1964

15 N.Y.2d 503 (N.Y. 1964)

254 N.Y.S.2d 111

202 N.E.2d 558

Opinion

Argued September 29, 1964

Decided October 15, 1964

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM N. GELLER, J.

Abraham Shapiro, Emanuel Morgenbesser and Lester Samuels for appellant.

Noel W. Hauser for respondents.

Order affirmed, with costs, and certified question answered in the affirmative. A judgment for plaintiffs in the negligence action, sought here to be stayed, will not preclude plaintiff insurer in this action from attempting to prove that the liability, if any, of James Trapier is not within the policy coverage because the occurrence was in reality an intentional assault ( Exchange Mut. Ins. Co. v. Blazey, 19 A.D.2d 682, mot. for lv. to app. den. 13 N.Y.2d 601; see Prashker v. United States Guar. Co., 1 N.Y.2d 584).

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.