Rivkin Radler secures Declaratory Judgment on behalf of Central Mutual Insurance Company

June 27, 2014 | Appeals | Insurance Coverage

William Savino, Paul Gorfinkel and Frank Misiti secured a declaratory judgment in Central Mutual Insurance Company v. Willig, et al., (N.D.N.Y.) that the insurer had no obligation to defend or indemnify the insured for an underlying lawsuit which sought damages arising out of the right to use an easement to access the shores of Lake George.   

The underlying action alleged that the insured engaged in and/or directed intentional and malicious acts for the purpose of interfering with easement rights granted on the insured’s property.  These acts were a result of an unrelenting battle between two individuals over the easement that had been ongoing for a number of years.  The acts of the insured included the destruction of the plaintiff’s dock and the intentional blocking of the easement. 

The Court determined that the acts alleged in the underlying complaint were all intentional.  Since the conduct was intentional, the underlying complaint did not allege an accident and there was no occurrence under the applicable insurance policies.  Additionally, the Court determined that the allegations fit within the intentional acts exclusion contained within the policies.  As a result, the Court determined that the insurer does not have, nor ever had, a duty to defend or indemnify the insured, and entered final judgment in its favor. 

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