Continental Cas. v. Rapid-Am
80 N.Y.2d 640 (N.Y. 1993) Cited 602 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
Hamilton v. Beretta U.S.A. Corp.
96 N.Y.2d 222 (N.Y. 2001) Cited 396 times 2 Legal AnalysesHolding that handgun manufacturers do not owe a duty of reasonable care in the marketing and distribution of their handguns to persons injured or killed through the use of illegally obtained handguns, but leaving open the question of retailers' liability
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
Price v. Price
69 N.Y.2d 8 (N.Y. 1986) Cited 354 timesIn Price v Price (69 N.Y.2d 8), we held that where separate property appreciated during the marriage, in part due to the efforts and contributions of the nontitled spouse, the amount of the appreciation was marital property subject to equitable distribution. It follows that where the nontitled spouse has contributed to the appreciation of the titled spouse's interest in a partnership, even though the spouse was already a partner at the time of the marriage, the appreciation constitutes marital property subject to equitable distribution.
State v. Home Indemnity Company
66 N.Y.2d 669 (N.Y. 1985) Cited 315 timesHolding that the term-of-art affidavit in that case "did not supply the evidentiary facts needed to present an issue for the jury"
Boston Gas Co. v. Century Indemnity Co.
454 Mass. 337 (Mass. 2009) Cited 126 times 5 Legal AnalysesHolding depends on the policy language at hand
Allmerica v. Certain Under
449 Mass. 621 (Mass. 2007) Cited 99 times 1 Legal AnalysesRecognizing right of insurer to make coverage and settlement decisions independent of third parties, including other insurers
Roman Catholic Diocese Brooklyn v. Nat'l Union Fire Ins. Co. of Pittsburgh
2013 N.Y. Slip Op. 3264 (N.Y. 2013) Cited 70 times 3 Legal AnalysesFinding that pro rata application was appropriate when the policies did not indicate a desire to assign liability to a single insurer and the injury could not be assigned "to particular policy periods."
Fed. Ins. Co. v. Ams. Ins. Co.
258 A.D.2d 39 (N.Y. App. Div. 1999) Cited 89 times 1 Legal AnalysesIn Federal Ins. Co. v Americas Ins. Co. (258 AD2d 39, 44), we noted that "the parties' course of performance under the contract is considered to be the `most persuasive evidence of the agreed intention of the parties'" (quoting Webster's Red Seal Publs., 67 AD2d at 341).
Section 1601 - Limited liability of persons jointly liable
N.Y. CPLR 1601 Cited 224 timesProviding that culpable conduct of "each person causing or contributing to the total liability for non-economic loss" shall be considered for purposes of limitation-on-liability rule unless plaintiff shows inability to obtain jurisdiction over nonparty tortfeasors