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Summary Judgment Successfully Obtained by Attorney Caroline K. Hock

Posted: February 21, 2024

Caroline K. Hock obtained summary judgment in an insurance coverage action on behalf of our client, a large insurance carrier.  In this case, venued in Queens County Supreme Court, the insured sought insurance coverage pursuant to a condominium owner’s policy of insurance that was issued by the carrier, relative to a personal injury action.  In the underlying personal injury action, the plaintiff sought damages from the insured for injuries suffered as the result of a fight at a billiards hall.  Video surveillance and deposition testimony confirmed that the insured struck the plaintiff.  The insured was charged with assault and later convicted of disorderly conduct.  Based upon the criminal conviction, Caroline argued that the injuries alleged did not arise from an “occurrence” that would trigger coverage under the policy, and that coverage was barred by exclusions within the policy for intentional and criminal acts.  The Court agreed and held that the carrier owed no duty to defend or indemnify its insured for liability in the underlying action.