Mesmer Sons Dairy v. Hartford Ins. Group

Full title: MESMER SONS DAIRY, INC., Appellant, v. HARTFORD INSURANCE GROUP, Respondent

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

Date published: Nov 15, 1989

155 A.D.2d 955 (N.Y. App. Div. 1989)

Opinion

November 15, 1989

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

Present — Boomer, J.P., Green, Pine, Balio and Davis, JJ.

Judgment unanimously affirmed with costs. Memorandum: In this declaratory judgment action plaintiff seeks insurance coverage for damages sought by the Attorney-General in a special proceeding against it. Those damages, for severe emotional distress, humiliation and mental anguish, are not within the bodily injury coverage of the policy issued by defendant to Mesmer. County of Chemung v Hartford Cas. Ins. Co. ( 130 Misc.2d 648), relied on by plaintiff, is distinguishable.