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eBook details

• Title: Robert D'Arata Et Al. v. New York Central Mutual Fire Insurance Company
• Author : Court of Appeals of New York
• Release Date : January 20, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

[76 N.Y.2d 659 Page 662] Opinion OF THE COURT [1] In this action under Insurance Law § 3420 (b) (1), plaintiff, a shooting victim,1 is seeking
to recover from the insurer of the assailant the amount of a default judgment obtained against the assailant who had been
convicted of first degree assault for the incident resulting in plaintiff's injuries. Plaintiff, the complaining witness,
testified for the prosecution in the criminal case. The insurance policy expressly excludes recovery for bodily injury "expected
or intended by the Insured". The issue in plaintiff's appeal is whether the insurer may use the insured's criminal judgment
of conviction as a collateral bar to plaintiff's attempt in this case to relitigate the issue of his assailant's intent to
injure. For the reasons discussed below, we agree with the Appellate Division that plaintiff should be collaterally estopped
and that this action, therefore, was properly dismissed.

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