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WATKINS GLEN CENT v. NATL INS

286 A.D.2d 48 (2001)

732 N.Y.S.2d 70

WATKINS GLEN CENTRAL SCHOOL DISTRICT et al., Respondents, v. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA., Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 29, 2001.

Attorney(s) appearing for the Case

Robinson Silverman Pearce Aronsohn & Berman, L. L. P., New York City (Mark J. Bunim and Glenn B. Coleman of counsel), for appellant.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Garden City (Albert J. Turi of counsel), for respondents.

O'BRIEN, J. P., FRIEDMANN and TOWNES, JJ., concur.

OPINION OF THE COURT

S. MILLER, J.

This appeal presents an issue of first impression. Where a school district seeks defense and indemnification under an errors and omissions policy of liability insurance, in connection with charges that it was negligent in the hiring and supervision of a teacher with a history of sexual misconduct with students, may the insurer disclaim coverage under exclusions, inter alia, for intentional acts? We find that to permit...

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