66 Cited authorities

  1. Hartford Fire Ins. Co. v. California

    509 U.S. 764 (1993)   Cited 519 times   7 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 330 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 272 times   1 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 238 times   2 Legal Analyses
    Holding that term "arise out of" equates to but-for rather than proximate causation
  5. Belt Painting Corp. v. TIG Insurance

    100 N.Y.2d 377 (N.Y. 2003)   Cited 176 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
  6. North Star Reins. v. Continental

    82 N.Y.2d 281 (N.Y. 1993)   Cited 227 times   1 Legal Analyses
    In North Star Reinsurance Corp. v. Continental Ins. Co., 82 N.Y.2d 281, 287, 604 N.Y.S.2d 510, 512, 624 N.E.2d 647, 649 (1993), the New York Court of Appeals expressly rejected the "preindemnification" doctrine "in favor of common-law indemnification principles" and adopted "the independent, narrower, antisubrogation rule."
  7. Hamlet at Willow v. Northeast

    64 A.D.3d 85 (N.Y. App. Div. 2009)   Cited 141 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"
  8. Chapel v. Mitchell

    84 N.Y.2d 345 (N.Y. 1994)   Cited 208 times
    Discussing Johnson, 246 N.E.2d 713, and Doyle, 136 N.E.2d 484
  9. Rodrigues v. N S Building Contractors, Inc.

    2005 N.Y. Slip Op. 7728 (N.Y. 2005)   Cited 152 times
    Noting an indemnification provision need not "specify the sites, persons and the types of losses covered" to be enforceable under the New York Workers' Compensation Law
  10. Stewart v. Federated Dept. Stores, Inc.

    234 Conn. 597 (Conn. 1995)   Cited 192 times
    Recognizing that proximate cause is not a question of law unless "the mind of a fair and reasonable [person] could reach only one conclusion"
  11. Section 240 - Scaffolding and other devices for use of employees

    N.Y. Lab. Law § 240   Cited 7,565 times   7 Legal Analyses
    Requiring "proper protection"
  12. Section 5501 - Scope of review

    N.Y. C.P.L.R. § 5501   Cited 6,858 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”
  13. Section 5513 - Time to take appeal, cross-appeal or move for permission to appeal

    N.Y. C.P.L.R. § 5513   Cited 2,531 times
    Providing an appeal as of right must be filed within 30 days after service upon the appellant if the judgment or order appealed from