Appellate Victory for Beth Fitzpatrick in Insurance Coverage Dispute 

12/01/2009

On December 1, 2009, the First Department affirmed the trial court's grant of summary judgment to Lewis Johs' client, Encompass Insurance Company, determining that no duty to defend or indemnify was owed to their insured, Rondald Popadich, who had engaged in a murderous rampage in New York City, killing one pedestrian and injuring others.  The court concluded that the automobile liability policy was not intended to afford coverage for bodily injuries resulting from the intentional or criminal acts of any covered persons and that the claimant's injuries were reasonably expected to result when the insured drove his vehicle through the streets intending to kill or harm as many people as possible.