Princeton Insurance Company, Plaintiff-Appellant v. Prasert Chunmuang, M.D., Defendant, and June Davis…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and held that the insurer’s criminal‑acts exclusion bars coverage for the compensatory damages arising from the physician’s sexual assault, even though the assault was intertwined with the medical examination, and remanded for the lower court to determine any damages that may be attributable to separate medical malpractice. Justice Handler, dissenting, argued that the exclusion should not apply because the misconduct was inseparable from the malpractice.