Opinion · New York Court of Appeals
Shapiro v. Glens Falls Insurance
39 N.Y.2d 204
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1976-04-06
- Topic
- commercial
How later courts describe this case
- insurance carrier relieved of duty to defend where policy excluded coverage of intentional acts by insured
- no duty to defend under libel, slander, defamation coverage under exclusion for intentional injuries where complaint alleges defendant spoke falsely, willfully and maliciously with intent to injure
- exclusion applicable to a limited partner's investment in real estate because "for purposes of the 'business pursuits' exclusion, the 'business' engaged in by [the insured] need not necessarily be limited to his sole occupation or employment
- a pre-Fitzpatrick case holding that an insurer had no duty to defend where the complaint alleged knowingly defamatory speech spoken willfully with the intent to injure, and the policy excluded defamation caused intentionally by or at the direction of the insured
Citator
UpLaw has not yet analyzed Shapiro v. Glens Falls Insurance. The absence of a flag is not a finding that it is good law.
- Cited by
- 26 opinions
Memorandum. The order of the Appellate Division should be affirmed, without costs.
Alexander Shapiro, president and stockholder of a plumbing supply business, became, for investment purposes, a limited
Shapiro’s insurer, Glens Falls Insurance Company, was called upon to defend, but refused, asserting that the personal excess liability policy it issued did not apply to claims arising out of business pursuits. Shapiro then commenced this action seeking, inter alia, a declaration of the insurer’s obligation to defend and to pay any judgment arising out of the slander action. In its answer the insurer asserted that the complaint failed to state a cause of action, repeated its "business pursuits” defense and, in addition, alleged that the policy’s amendatory endorsement eliminated coverage for personal injury caused "intentionally by or at the direction of the Insured.”
While the "business pursuits” exclusion is not applicable and thus could not serve to defeat appellant’s claim, said claim must fail under the intentional torts exclusion. Although the cover page of the policy indicates in its General Summary of Coverage that "[s]uch perils as libel, slander, personal injury and contractual liability are included”, it is also there stated that the summary "is not your contract, and it does not grant coverage. These benefits are subject to conditions and exclusions which are clearly stated in the contract.”
Section 2.2 of the policy provides that respondent "will indemnify the Insured * * * for all sums which the Insured shall become legally obligated to pay as damages, because of personal injury * * * caused by such an occurrence”. In its definitional section "occurrence” is stated to mean "an accident, including injurious exposure to conditions, which results, during the policy period, in personal injury * * * neither
Since appellant seeks coverage for an action in which it was alleged that he spoke falsely, willfully and maliciously with intent to injure, the exclusionary endorsement applies and respondent owes no duty to defend therein or to pay a judgment arising therefrom.