New York Court of Appeals
Public Service Mutual Insurance Company, Appellant v. Saul Goldfarb, Respondents
July 7, 198153 N.Y.2d 392
Summary
The Court held that Public Service Mutual must defend Dr. Goldfarb under the professional liability policy and may not be compelled to indemnify punitive damages arising from intentional sexual abuse. It found the notice requirement satisfied and that the policy covers sexual‑abuse claims, but indemnity for compensatory damages is contingent on a finding that the injury was unintentionally caused in the course of dental treatment, a determination reserved for trial. The appellate order was modified and affirmed.