Allstate Insurance Company v. Paul Mende

DECISION & ORDER The underlying action arises from an automobile collision which occurred in the Town of North Castle
in Westchester County. One of the vehicles involved was owned by the defendant Pamela Mende and operated by her husband, the
defendant Paul Mende (hereinafter collectively referred to as the insureds). The other vehicle was owned by the defendant
Lisa Rosenblatt and operated by the defendant Said Dib. Rosenblatt and Dib instituted an action against the insureds seeking, on their first cause of action, recovery for property
damage allegedly sustained as a result of the collision, and on the second cause of action, punitive damages arising from
an alleged assault on Dib by Paul Mende at the scene of the accident. Specifically, in addition to their claim for damages
caused by the insured's negligent ownership, maintenance and operation of their motor vehicle, Rosenblatt and Dib charged
Paul Mende with "intentionally assaulting * * * Dib by pushing, holding, grabbing, restraining, striking, menacing and shouting".