Opinion
February 2, 1998
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the order and judgment is affirmed, with costs.
The Supreme Court properly declared that the defendant Atlantic Mutual Insurance Company had no duty to defend or indemnify the plaintiff in Doe v. Neilson, pending in the Supreme Court, Dutchess County, under Index No. 4416/94. The injuries alleged in Doe v. Neilson grow out of an alleged rape of Doe. Since the policy under which the plaintiff seeks to recover provides coverage for accidentally-caused injuries but clearly excludes coverage for injuries caused by an intentional act such as rape, there was no basis under which the, carrier might be compelled to indemnify or defend the plaintiff ( see, Mount Vernon Fire Ins. Co., v. Creative Hous., 88 N.Y.2d 347; U.S. Underwriters Ins. Co. v. Val-Blue Corp. 85 N.Y.2d 821; Pistolesi v. Nationwide Mut. Fire Ins. Co., 223 A.D.2d 94; Ward v. Security Mut. Ins. Co., 192 A.D.2d 1000).
The plaintiff's remaining contentions are without merit.
Joy, J. P., Krausman, Florio and McGinity, JJ., concur.