§Why CasetextPricing

In the Matter of Viking Pump, Inc. and Warren Pumps, LLC, Insurance Appeals. <br />--------------------------------<br /> Viking Pump, Inc. and Warren Pumps, LLC, Appellants, TIG Insurance Company, et al., Respondents.

Brief

17 Cited authorities

  1. Hooper Associates Ltd. v. AGS Computers, Inc.

    74 N.Y.2d 487 (N.Y. 1989)   Cited 1,376 times   6 Legal Analyses
    Holding that the plaintiff could not recover attorneys' fees from the defendant without express language in the agreement permitting such a recovery

  2. Consolidated Edison Co. of N.Y. v. Allstate Ins. Co.

    98 N.Y.2d 208 (N.Y. 2002)   Cited 435 times   21 Legal Analyses
    Holding that indemnity should be allocated pro rata

  3. Seaboard Sur. Co. v. Gillette Co.

    64 N.Y.2d 304 (N.Y. 1984)   Cited 728 times   4 Legal Analyses
    Holding 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

  4. Goodyear Tire Rubber v. Aetna

    95 Ohio St. 3d 512 (Ohio 2002)   Cited 268 times   5 Legal Analyses
    Adopting the "all sums" approach for allocating environmental-pollution liability among multiple primary insurance policies

  5. State v. Cont'l Ins. Co.

    55 Cal.4th 186 (Cal. 2012)   Cited 145 times   20 Legal Analyses
    Noting that courts must give meaning to the language of the insurance policy regarding appropriate allocation method

  6. Fieldston Inc v. Hermitage

    2011 N.Y. Slip Op. 1361 (N.Y. 2011)   Cited 135 times   2 Legal Analyses
    Holding that the CGL insurer had the sole primary duty to defend the mutually insured, “notwithstanding the fact that [the D&O insurer] would appear to have an obligation to indemnify [the insured] for a greater portion of the causes of action, if successfully prosecuted”

  7. Zurich Insurance v. Raymark Industries

    118 Ill. 2d 23 (Ill. 1987)   Cited 251 times   1 Legal Analyses
    Holding that contract limited insurer's duty to defend by the type of claim and to the amount of the indemnity coverage afforded under the policy

  8. Cragg v. Allstate Indemnity Corporation

    2011 N.Y. Slip Op. 4767 (N.Y. 2011)   Cited 122 times

    No. 118. Argued May 4, 2011. decided June 9, 2011. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered May 7, 2010. The Appellate Division affirmed a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), which had granted defendant Allstate Indemnity Corporation's motion for summary judgment declaring that it had no obligation to defend or indemnify defendant insureds

  9. American Nat'l Fire v. B L Trucking

    134 Wn. 2d 413 (Wash. 1998)   Cited 174 times   1 Legal Analyses
    Holding that "[[W]hen damage occurs during a policy period, that policy is triggered . . . when damage is continuing, all triggered policies provide full coverage. . . [o]nce coverage is triggered in one or more policy periods, those policies provide full coverage for all continuing damage . . . ."

  10. Boston Gas Co. v. Century Indemnity Co.

    454 Mass. 337 (Mass. 2009)   Cited 126 times   5 Legal Analyses
    Holding depends on the policy language at hand

  11. Section 1-0101 - Declaration of policy

    N.Y. Envtl. Conserv. Law § 1-0101   Cited 8 times

    1. The quality of our environment is fundamental to our concern for the quality of life. It is hereby declared to be the policy of the State of New York to conserve, improve and protect its natural resources and environment and to prevent, abate and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well being. 2. It shall further be the policy of the state to improve and coordinate the environmental