§Why CasetextPricing

The Burlington Insurance Company, Appellant,v.NYC Transit Authority, et al., Respondents.

Brief

69 Cited authorities

  1. Hartford Fire Ins. Co. v. California

    509 U.S. 764 (1993)   Cited 569 times   8 Legal Analyses
    Holding that allegation that defendant insurers and reinsurers told "groups of insurance brokers and agents . . . that a reinsurance boycott, and thus loss of income to the agents and brokers who would be unable to find available markets for their customers, would ensue" if the terms desired by defendants in commercial general liability insurance were not approved, was a boycott under the McCarran-Ferguson Act

  2. Consolidated Edison Co. of N.Y. v. Allstate Ins. Co.

    98 N.Y.2d 208 (N.Y. 2002)   Cited 436 times   21 Legal Analyses
    Holding that indemnity should be allocated pro rata

  3. BP Air Conditioning Corp. v. One Beacon Insurance Group

    2007 N.Y. Slip Op. 5581 (N.Y. 2007)   Cited 344 times   2 Legal Analyses
    Holding that "a duty to defend an additional insured is not contingent on there having been an adjudication of liability giving rise to a duty to indemnify the additional insured"

  4. Utica Nat. Ins. Co., Tx. v. Am. Indem

    141 S.W.3d 198 (Tex. 2004)   Cited 291 times   2 Legal Analyses
    Holding that the phrase "'arise out of' means that there simply is a causal connection or relation, which is interpreted to mean that there is but for causation, though not necessarily direct or proximate causation." (some internal quotation marks and citations omitted)

  5. Olin Corp. v. Am. Home Assurance Co.

    704 F.3d 89 (2d Cir. 2012)   Cited 217 times   3 Legal Analyses
    Holding that under New York law, courts are to apply the general rules of contract interpretation

  6. Universal Am. Corp. v. Nat'l Union Fire Ins. Co.

    2015 N.Y. Slip Op. 5516 (N.Y. 2015)   Cited 182 times   14 Legal Analyses
    Concluding that the language of an insurance rider unambiguously applied to losses incurred from unauthorized access to plaintiff's computer system, where the "[t]he intentional word placement of 'fraudulent' before 'entry' and 'change' manifest[ed] the parties' [specific] intent."

  7. Regal Cons. Corp. v. National Union Fire Ins. Co.

    2010 N.Y. Slip Op. 4661 (N.Y. 2010)   Cited 196 times   3 Legal Analyses
    Finding that the alleged negligence arose on the part of the additional insured rather than the named insured was "of no consequence" as the additional insured's potential liability nonetheless "ar[ose] out of" the named insured's operation, and it was thus entitled to both defense and indemnification

  8. Belt Painting Corp. v. TIG Insurance

    100 N.Y.2d 377 (N.Y. 2003)   Cited 216 times   2 Legal Analyses
    Holding that "[r]easonable minds can disagree" as to whether an "absolute pollution exclusion" bars coverage for injuries resulting from exposure to paint or solvent fumes

  9. Hamlet at Willow v. Northeast

    64 A.D.3d 85 (N.Y. App. Div. 2009)   Cited 173 times
    Rejecting plaintiff's attempt to apply the tripartite standard to a contract claim because plaintiff's claim "[was] not premised upon a negligent misrepresentation"

  10. North Star Reins. v. Continental

    82 N.Y.2d 281 (N.Y. 1993)   Cited 253 times   2 Legal Analyses
    In North Star Reinsurance Corp. v. Continental Insurance Co., 604 N.Y.S.2d 510, 516 (N.Y. 1993), the court mentioned in dicta the general rule that "a common law indemnification claim arises when the party seeking indemnity... has suffered an out-of-pocket loss," but it did not even reach the applicability of the well-recognized exception stated in Harris, supra. Piccirillo v. Beltrone-Turner, 727 N.Y.S.2d 721, 724 (App.Div. 2001) did not involve a third-party claim, but rather a cross-claim of indemnity between two defendants.

  11. Section 240 - Scaffolding and other devices for use of employees

    N.Y. Lab. Law § 240   Cited 9,763 times   9 Legal Analyses
    Requiring "proper protection"

  12. Section 200 - General duty to protect health and safety of employees; enforcement

    N.Y. Lab. Law § 200   Cited 7,362 times
    Authorizing enforcement of the State Building Construction Code in those municipalities which have accepted it

  13. Section 5501 - Scope of review

    N.Y. CPLR 5501   Cited 7,195 times   2 Legal Analyses
    Stating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”

  14. Section 241 - Construction, excavation and demolition work

    N.Y. Lab. Law § 241   Cited 7,165 times   1 Legal Analyses
    Requiring areas being excavated to be constructed, shored, equipped, guarded, arranged, operated and conducted as to provide "reasonable and adequate protection and safety" to the persons employed therein

  15. Section 5513 - Time to take appeal, cross-appeal or move for permission to appeal

    N.Y. CPLR 5513   Cited 3,029 times
    Establishing thirty-day deadline for appeal