Public Service Mutual Insurance Company v. Goldfarb

In Public Service Mutual Insurance Company v. Goldfarb, 53 NY2d 392 [1981] a defendant/third-party plaintiff dentist sought indemnification from his dental malpractice carrier after being sued for damages stemming from a sexual assault conviction. In that decision the Court of Appeals stated that "one who intentionally injures another may not be indemnified for any civil liability thus incurred. However, one whose intentional act causes an unintended injury may be so indemnified." In evaluating this factual situation the Court of Appeals stated that whether the insurer was obligated to pay any judgement for compensatory damages found against the defendant/third-party plaintiff hinged on a finding by the trier of fact that the "unintended injury occurred in the course of dental treatment." However, in the event that the trier of fact determined that the defendant/third-party plaintiff intended to injure the plaintiff, public policy would preclude indemnification.