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General Accident Insurance v. Packer

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 975 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Supreme Court, Erie County, Gorski, J.

Present — Denman, P.J., Lawton, Doerr, Balio and Boehm, JJ.


Judgment unanimously reversed on the law without costs, motion granted and judgment granted in accordance with the following Memorandum: Plaintiff commenced this action seeking a declaration that it is not obligated to defend or indemnify its insured. While standing in a union picket line, the insured allegedly threw a rock that struck and injured a truck driver attempting to exit the employer's plant. Supreme Court erred in denying plaintiff's motion for summary judgment. Such conduct is an intentional act and not an "occurrence" within the meaning of the insured's homeowners policy (see, Salimbene v. Merchants Mut. Ins. Co., 217 A.D.2d 991). Thus, we reverse the judgment on appeal and grant judgment declaring that plaintiff is not obligated to defend or indemnify its insured. We do not reach the issue whether the injury arose out of a business pursuit of the insured.


Summaries of

General Accident Insurance v. Packer

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 975 (N.Y. App. Div. 1996)
Case details for

General Accident Insurance v. Packer

Case Details

Full title:GENERAL ACCIDENT INSURANCE, Appellant, v. MARK PACKER, Respondent, et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 2, 1996

Citations

224 A.D.2d 975 (N.Y. App. Div. 1996)
637 N.Y.S.2d 559