Summary
In Liberty Nursing Home, Inc. v. New Amsterdam Casualty Co., 1942, 265 App. Div. 883, 38 N.Y.S.2d 275, appeal denied 265 App. Div. 954, 39 N.Y.S.2d 606, policy coverage was denied under the exclusion for failure of the hospital adequately to protect a mentally deranged patient from self-destruction.
Summary of this case from Demandre v. Liberty Mutual Insurance CompanyOpinion
November 30, 1942.
Present — Lazansky, P.J., Hagarty, Johnston, Adel and Taylor, JJ.
Submission of a controversy pursuant to section 546 of the Civil Practice Act. Plaintiff expended the sum of $750 as an attorney's fee and incurred expenses by way of disbursements in the defense of an action brought against it on the ground that its negligence in the care of a mentally deranged patient resulted in her self-destruction. Recovery of this sum is sought on the ground that defendant was obligated to defend that action pursuant to a public liability policy issued by it to the plaintiff. The policy provided coverage for liability arising from any accident, but excluded liability for such damages as might be suffered by any person in consequence of the rendering of any personal service or treatment, professional or otherwise, or the omission thereof. Judgment unanimously directed for defendant, without costs, but with taxable disbursements. Self-destruction is not an accident within the meaning of that term as used in the policy. In any event, in the action against the present plaintiff the negligence assigned was within the scope of the exclusion contained in the insurance policy.