Landlord Not Covered for Criminal Assault
LVT Number: 10965
Tenant sued landlord after she was assaulted in landlord's building, claiming negligent supervision, management, and control of the building. Landlord sought insurance coverage for any liability stemming from tenant's lawsuit. Landlord's insurer claimed that it owed no coverage because landlord's policy contained an assault and battery exclusion. The court ruled against landlord. Landlord's insurance policy clearly states that ''No coverage shall apply under this policy for any claim, demand or suit based on Assault and Battery.''
Mount Vernon Fire Ins. Co. v. Creative Housing Ltd.: 645 NYS2d 433 (1996) (NY Ct. App.; Simons, J)