§Why CasetextPricing

Executive Plaza, LLC, Appellant,v.Peerless Insurance Company, Respondent.

Brief

36 Cited authorities

  1. White v. Continental Cas. Co.

    2007 N.Y. Slip Op. 9310 (N.Y. 2007)   Cited 383 times   1 Legal Analyses
    Holding if an insurance contract on its face is reasonably susceptible of only one meaning a court is not free to alter it

  2. Painewebber Inc. v. Bybyk

    81 F.3d 1193 (2d Cir. 1996)   Cited 467 times   1 Legal Analyses
    Holding that a provision requiring arbitration of "any and all controversies" indicates the parties' intent to submit to arbitration the very question of arbitrability

  3. 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

  4. State v. Home Indemnity Company

    66 N.Y.2d 669 (N.Y. 1985)   Cited 315 times
    Holding that the term-of-art affidavit in that case "did not supply the evidentiary facts needed to present an issue for the jury"

  5. Tank v. State Farm

    105 Wn. 2d 381 (Wash. 1986)   Cited 299 times   3 Legal Analyses
    Holding that potential conflict created by reservation of rights mandates enhanced obligations of good faith for attorneys whose fees are covered by insurer

  6. Palmieri v. Allstate Ins. Co.

    445 F.3d 179 (2d Cir. 2006)   Cited 148 times
    Finding exclusive jurisdiction under § 4072 and declining to consider § 1331

  7. United States F G v. Annunziata

    67 N.Y.2d 229 (N.Y. 1986)   Cited 257 times   1 Legal Analyses
    Recognizing that where condition included in one provision is omitted from another, it “must be assumed to have been intentional under accepted canons of contract construction”

  8. Mccarthy v. Volkswagen of Amer

    55 N.Y.2d 543 (N.Y. 1982)   Cited 224 times   1 Legal Analyses
    Holding that tolling for insanity extends only to "individuals who are unable to protect their legal rights because of an over-all inability to function in society"

  9. Pendleton v. City of N.Y

    44 A.D.3d 733 (N.Y. App. Div. 2007)   Cited 101 times
    Finding that allegations that "the plaintiff's rights were violated by numerous specific policies or customs of the municipal defendants" were a "mere expansion of" and thus related back to allegations "that the municipal defendants failed to properly train police on 'appropriate rules applicable to the duties, activities and behaviors' of police employees" (citing Krioutchkova v. Gaad Realty Corp., 814 N.Y.S.2d 171 (App. Div. 2006))

  10. Fed. Ins. Co. v. Int'l Bus. Machines Corp.

    2012 N.Y. Slip Op. 1320 (N.Y. 2012)   Cited 67 times   1 Legal Analyses
    Explaining that a policy term will be considered ambiguous only where "there is a 'reasonable basis for a difference of opinion' as to the meaning of the policy" (quoting Greenfield, 780 N.E.2d at 170-71)

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,531 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Section 216.3 - Misrepresentation of policy provisions

    N.Y. Comp. Codes R. & Regs. tit. 11 § 216.3   Cited 3 times

    (a) No insurer shall knowingly misrepresent to a claimant the terms, benefits or advantages of the insurance policy pertinent to the claim. (b) No insurer shall deny any element of a claim on the grounds of a specific policy provision, condition or exclusion unless reference to such provision, condition or exclusion is made in writing. (c) Any payment, settlement or offer of settlement which, without explanation, does not include all amounts which should be included according to the claim filed by

  13. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation