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Murder Is an Accident? To Insured It Is, New York’s Highest Court Says

March 31, 2011

New York’s top court says the estate of a man run down by a homicidal driver is entitled to make insurance claims for injuries caused by an accident.

The Court of Appeals says that even though Ronald Popadich pleaded guilty to murder for killing Neil Conrad Spicehandler when he intentionally drove into Manhattan pedestrians in 2002, it was clearly “unexpected and unforeseen” from Spicehandler’s point of view.

State Farm Insurance Cos. denied liability on the grounds that it wasn’t an accident.

The majority in Tuesday’s 5-2 ruling says that Spicehandler’s estate is entitled to claims under his policy’s coverage for uninsured motorist, mandatory personal injury protection and death, dismemberment and loss of sight.

Topics New York

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Latest Comments

  • April 1, 2011 at 9:53 am
    Bob Bichen, Auburn, IL says:
    By the way, don't miss the point here. The other comments discuss the intentional act exclusion. The case here surrounded the gatekeeper of the insuring agreement; "Accident... read more
  • April 1, 2011 at 9:49 am
    Bob Bichen, Auburn, IL says:
    A reasonable conclusion as the language generally says "from the standpoint of the insured." Similar to when you cover an employer for an unexpected and unintended intentiona... read more
  • March 31, 2011 at 2:18 pm
    rocket88 says:
    This was a fair and just ruling. it finally puts a box around the intentional damage exclusion.

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