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Country-Wide Insurance Company, Appellant,v.Preferred Trucking Services Corp., et al., Defendants, Filippo Gallina, et al., Respondents.

Brief

18 Cited authorities

  1. First Financial Ins. Co. v. Jetco Contr.

    1 N.Y.3d 64 (N.Y. 2003)   Cited 315 times
    Holding an unexplained delay of forty-eight days following receipt of a claim notice to be "unreasonable as a matter of law"

  2. Judith M. v. Sisters of Charity Hospital

    93 N.Y.2d 932 (N.Y. 1999)   Cited 285 times
    Holding that hospital orderly's sexual assault of patient was outside the scope of employment

  3. Hartford Insurance Company v. County of Nassau

    46 N.Y.2d 1028 (N.Y. 1979)   Cited 379 times
    Holding that an unexplained two month delay in disclaiming coverage was unreasonable as a matter of law

  4. Thrasher v. U.S. Liab. Ins. Co.

    19 N.Y.2d 159 (N.Y. 1967)   Cited 371 times
    Holding that in the context of an automobile liability insurance, an assertion of the failure of an insured to cooperate cannot succeed unless "the attitude of the insured, after his co-operation was sought, was one of willful and avowed obstruction"

  5. Matter of Allcity Insurance Company, Jimenez

    78 N.Y.2d 1054 (N.Y. 1991)   Cited 126 times

    Decided October 17, 1991 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Myriam J. Altman, J. Joseph Greene and Kenneth F. Popper for appellant. Isabella Natale and Stacy R. Seldin for Allcity Insurance Company, respondent. MEMORANDUM. The order of the Appellate Division should be affirmed, with costs, and the certified question not answered as unnecessary. Appellant insured notified his carrier, Allcity Insurance Company (Allcity), that he was making an

  6. Continental Cas. v. Stradford

    2008 N.Y. Slip Op. 9256 (N.Y. 2008)   Cited 69 times

    No. 180. Argued October 22, 2008. decided November 25, 2008. APPEAL from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered December 11, 2007. The Appellate Division, with two Justices dissenting, (1) reversed, on the law, an order of the Supreme Court, Richmond County (Philip G. Minardo, J.), which had granted plaintiffs motion for summary judgment, denied the cross motion of defendants Hector Gunaratne, Rose Gunaratne, and Sumanadasa Perera for summary

  7. Allstate Ins. Co. v. Gross

    27 N.Y.2d 263 (N.Y. 1970)   Cited 155 times
    Holding untimely disclaimer of coverage based on ground of late notice, issued seven months after insurer's reservation of right to disclaim letter

  8. 2540 Associates v. Assicurazioni Generali

    271 A.D.2d 282 (N.Y. App. Div. 2000)   Cited 56 times
    Stating that "[i]t is settled that an insurance broker is the agent of the insured"

  9. State Farm v. Moore

    58 A.D.3d 429 (N.Y. App. Div. 2009)   Cited 21 times

    January 6, 2009. Order, Supreme Court, Bronx County (Patricia A. Williams, J.), entered on or about April 28, 2008, which denied the petition brought pursuant CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, unanimously affirmed, without costs. Before: Saxe, J.P., Nardelli, Buckley, Moskowitz and Renwick, JJ. Respondents Troy Moore and Rashod Cowan sustained injuries in an accident between an automobile owned and operated by Moore and in which Cowan was

  10. In the Matter of Allstate Ins. Co. v. Cruz

    30 A.D.3d 511 (N.Y. App. Div. 2006)   Cited 23 times

    2005-07102. June 13, 2006. In a proceeding, inter alia, pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, State Farm Mutual Automobile Insurance Company appeals, and Marina Cruz and Vicky Hernandez separately appeal, from a judgment of the Supreme Court, Queens County (Rios, J.), dated June 2, 2005, which, after a hearing, granted the petition and permanently stayed the arbitration, determined that the disclaimer of coverage by State Farm Mutual Automobile