A Person May Take a Calculated Risk Without Expecting That An Accident Will Occur
In Allstate Ins. Co. v. Zuk (78 NY2d 41, 44 ), excluded from coverage was:
" 'bodily injury or property damage which may reasonably be expected to result from the intentional or criminal acts of an insured person or which are in fact intended by an insured person'."
Based upon this language the Court of Appeals held that a criminal conviction of second degree manslaughter premised upon recklessly causing a death did not collaterally establish the death was "reasonably expected to result" from the acts of the perpetrator. (Supra, at 47.)
The Court recognized that a person may engage in behavior that involves a calculated risk without expecting that an accident will occur.