Opinion
December 8, 1997
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the order and judgment is affirmed, with costs.
The plaintiff James Litrenta sustained personal injuries when Richard McDermott, among others, struck him. McDermott was subsequently convicted of assault in the second degree. Litrenta thereafter obtained a money judgment against McDermott for damages sustained as a result of the personal injuries inflicted upon him by McDermott. Thereafter, the plaintiffs commenced this action against the defendant seeking enforcement of the money judgment pursuant to a homeowners insurance policy issued by the defendant to McDermott's grandmother, with whom he was residing at the time of the incident. The defendant denied coverage pursuant to an exclusion in its policy which provides that its coverage provisions for personal liability and medical payments to others "do not apply to bodily injury or property damage which is expected or intended by the insured" (emphasis added). The plaintiffs contend that the exclusion does not apply to Richard McDermott because he is "an insured", rather than "the insured", under the policy, citing Allstate Ins. Co. v. Mugavero ( 79 N.Y.2d 153, 164). We disagree.
In general, it is contrary to public policy to insure against liability arising directly against an insured from his violation of a criminal statute ( see, Allstate Ins. Co. v. Mugavero, 79 N.Y.2d 153, supra; Messersmith v. American Fid. Co., 187 App. Div. 35, affd 232 N.Y. 161; Arenson v. National Auto Cas. Ins. Co., 45 Cal.2d 81, 286 P.2d 816; Sheehan v. Goriansky, 321 Mass. 200, 72 N.E.2d 538; Haser v. Maryland Cas. Co., 78 N.D. 893, 900, 53 N.W.2d 508; Pawtucket Mut. Ins. Co. v. Lebrecht, 104 N.H. 465, 190 A.2d 420; see also, McConnell v. Commonwealth Pictures Corp., 7 N.Y.2d 465). To adopt the plaintiffs' interpretation of the exclusionary clause, under the circumstances of this case, would be void as against public policy. Accordingly, the subject insurance policy does not provide coverage to McDermott for his wrongful acts ( see, Messersmith v. American Fid. Co., supra).
Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.