Court of Appeals of New York
QBE Insurance Corporation v. Jinx-Proof Inc., 25
The courts below properly determined that plaintiff-insurer effectively disclaimed coverage for the assault and battery claims asserted in the underlying personal injury action, which arose out of defendant's employee throwing a glass in a customer's face, where: 1) plaintiff's letters specifically and consistently stated that defendant's insurance policy excludes coverage for assault and battery claims; 2) these statements were sufficient to apprise defendant that plaintiff was disclaiming coverage on the ground of the exclusion for assault and battery; and 3) this disclaimer was effective even though the letters also contained "reservation of rights" language.
Appellate Information
- Decided 02/18/2014
- Published 02/18/2014
Judges
Court
- Court of Appeals of New York