Hooper Associates Ltd. v. AGS Computers, Inc.
74 N.Y.2d 487 (N.Y. 1989) Cited 1,378 times 6 Legal AnalysesHolding that the plaintiff could not recover attorneys' fees from the defendant without express language in the agreement permitting such a recovery
Continental Cas. v. Rapid-Am
80 N.Y.2d 640 (N.Y. 1993) Cited 601 times 1 Legal AnalysesHolding that these terms are to be construed narrowly as barring coverage "only when the insured intended the damages"
Consolidated Edison Co. of N.Y. v. Allstate Ins. Co.
98 N.Y.2d 208 (N.Y. 2002) Cited 436 times 21 Legal AnalysesHolding that indemnity should be allocated pro rata
Seaboard Sur. Co. v. Gillette Co.
64 N.Y.2d 304 (N.Y. 1984) Cited 730 times 4 Legal AnalysesHolding that policy exclusions "are not to be extended by interpretation or implication but are to be accorded a strict and narrow construction" and that any ambiguity will be resolved against the insurer
Frontier Contrs. v. Merchants
91 N.Y.2d 169 (N.Y. 1997) Cited 343 times 3 Legal AnalysesFinding a duty to defend where "Defendants have failed to establish that all of the underlying bodily injury claims satisfy the time and place prerequisites of the [exclusion]"
Olin Corp. v. Am. Home Assurance Co.
704 F.3d 89 (2d Cir. 2012) Cited 217 times 3 Legal AnalysesHolding that under New York law, courts are to apply the general rules of contract interpretation
Burt Rigid Box v. Travelers Property Cas. Corp.
302 F.3d 83 (2d Cir. 2002) Cited 282 times 1 Legal AnalysesHolding that "estoppel requires a showing of prejudice to the insured"
Mount Vernon Fire Insurance v. Creative Housing Ltd.
88 N.Y.2d 347 (N.Y. 1996) Cited 256 times 1 Legal AnalysesHolding that an assault and battery exclusion precluded coverage for a suit for negligent management and supervision of an apartment building stemming from an assault committed by a third party who was not an employee of the insured
Servidone Constr. v. Security
64 N.Y.2d 419 (N.Y. 1985) Cited 349 times 8 Legal AnalysesHolding that in New York “an insurer's breach of duty to defend does not create coverage and ... even in cases of negotiated settlements, there can be no duty to indemnify unless there is first a covered loss”
Greenidge v. Allstate Ins. Co.
446 F.3d 356 (2d Cir. 2006) Cited 145 times 1 Legal AnalysesHolding that, where the plaintiff had not provided the defendant with notice of the new theory being asserted, "the district court did not abuse its discretion when it determined that [the new theory] was untimely"
Section 500.27 - Discretionary proceedings to review certified questions from Federal courts and other courts of last resort
N.Y. Comp. Codes R. & Regs. tit. 22 § 500.27 Cited 230 times 2 Legal AnalysesAuthorizing the New York Court of Appeals to review certain certified questions