§Why CasetextPricing

KeySpan Gas East Corporation, Respondent,v.Munich Reinsurance America, Inc. et al., Appellants.

Brief

49 Cited authorities

  1. Chevron Oil Co. v. Huson

    404 U.S. 97 (1971)   Cited 1,822 times   8 Legal Analyses
    Holding that prospectivity is appropriate where we overrule past precedent "on which litigants may have relied"

  2. Gilbert Frank Corporation v. Federal Insurance Company

    70 N.Y.2d 966 (N.Y. 1988)   Cited 1,297 times
    Granting summary judgment based on twelve month statute of limitations provision in insurance contract

  3. Globecon Group, LLC v. Hartford Fire Insurance

    434 F.3d 165 (2d Cir. 2006)   Cited 256 times   2 Legal Analyses
    Reversing district court's grant of summary judgment in part because of inappropriate credibility determination and noting that "credibility, in the ordinary course of things, is for a fact-finder to evaluate"

  4. Burt Rigid Box v. Travelers Property Cas. Corp.

    302 F.3d 83 (2d Cir. 2002)   Cited 282 times   1 Legal Analyses
    Holding that "estoppel requires a showing of prejudice to the insured"

  5. Argo Corp. v. Gr. New York Mut. Ins.

    4 N.Y.3d 332 (N.Y. 2005)   Cited 230 times
    Holding primary liability insurer need not show prejudice for late notice defense, but noting exceptions to rule, inapplicable here, where insurer received timely notice of occurrence or claim, but late notice of lawsuit

  6. Security Mut. Ins. v. Acker-Fitzsimons

    31 N.Y.2d 436 (N.Y. 1972)   Cited 565 times   2 Legal Analyses
    Holding that a delay could not be excused on the basis of lack of knowledge or belief in nonliability because "the insureds failed to exercise reasonable care and diligence in ascertaining the facts about the alleged accident and in evaluating their potential liability"

  7. Hartford Insurance Company v. County of Nassau

    46 N.Y.2d 1028 (N.Y. 1979)   Cited 380 times
    Holding that an unexplained two month delay in disclaiming coverage was unreasonable as a matter of law

  8. Schiff Assoc. v. Flack

    51 N.Y.2d 692 (N.Y. 1980)   Cited 357 times
    Defining "coverage" as "the net total of policy inclusions minus exclusions"

  9. Arbegast v. Board of Educ

    65 N.Y.2d 161 (N.Y. 1985)   Cited 228 times   1 Legal Analyses
    Adopting the common law definition of implied assumption of risk, and citing treatises: Prosser, Law of Torts, at 442 (4th ed.); Schwartz, Comparative Negligence § 9.2; Comparative Negligence Law Practice § 4.20(b) (Matthew Bender); Restatement (Second) of Torts § 496(b)

  10. New York v. AMRO Realty Corp.

    936 F.2d 1420 (2d Cir. 1991)   Cited 160 times
    Holding that allegations of a complaint fell within the terms of a pollution exclusion clause where the complaint alleged that "during some thirty years, [the defendant in the underlying action] `disposed' of its hazardous manufacturing waste by methods which the defendants `knew or should have known . . . resulted in their release into the environment,'" and specified that "the wastes were disposed of . . . in several places on the site, including: the parking lot, sinks which discharged into septic systems on the site, and drains which discharged through sewage pipe into a drainage ditch . . ."