After Ronald Popadich ran over 27 pedestrians with his car, his insurer, Commercial Insurance Company of Newark, N.J., sought a court order declaring that it owed no duty to defend or indemnify Popadich against any personal injury claims brought by his victims due to the intentional nature of the driver's misconduct.
After the New York County Supreme Court granted relief in the company's favor, an appeal to the Appellate Division, First Department, followed.
Since Popadich's intentional acts weren't covered by the governing policy, the appellate court agreed that Commercial Insurance had no liability in this instance.
That's the rundown.
To view a copy of the Appellate Division's decision, please use this link: Commercial Ins. Co. of Newark, N.J. v. Popadich