31 Cited authorities

Parks Real Estate Purchasing Group v. St. Paul Fire & Marine Insurance
472 F.3d 33 (2d Cir. 2006) Cited 326 times 2 Legal Analyses
Applying New York law
Allstate Ins. Co. v. Mugavero
79 N.Y.2d 153 (N.Y. 1992) Cited 239 times
Holding that no coverage exists under homeowner's policy for child abuse comports with "almost all of the State and Federal courts which have decided identical or very similar coverage questions arising out of sexual abuse of children
Roundabout Theatre Co. v. Continental Casualty Co.
302 A.D.2d 1 (N.Y. App. Div. 2002) Cited 141 times 11 Legal Analyses
Holding that “direct physical loss or damage” “clearly and unambiguously provides coverage only where the insured's property suffers direct physical damage”
Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.
60 N.Y.2d 390 (N.Y. 1983) Cited 235 times
In Ace Wire this dishonest act coverage contained an exclusion for "loss... the proof of which, either as to its factual existence or as to its amount, is dependent upon an inventory computation or a profit and loss computation."
City of Johnstown, N.Y. v. Bankers Std. Ins. Co.
877 F.2d 1146 (2d Cir. 1989) Cited 149 times 2 Legal Analyses
Holding that "ordinary negligence does not constitute an intention to cause damage"
Government Employees Insurance Company v. Kligler
42 N.Y.2d 863 (N.Y. 1977) Cited 168 times
Denying auto coverage when policy limited to "`temporary substitute'" or "`non-owned' vehicle" and insured's wife's owned vehicle involved
Stoney Run Co. v. Prudential-Lmi Comm. Ins. Co.
47 F.3d 34 (2d Cir. 1995) Cited 73 times
Holding that “the release of carbon monoxide into an apartment is not the type of environmental pollution contemplated by the pollution exclusion clause”
Matter of Smith
55 N.Y.2d 224 (N.Y. 1982) Cited 106 times
Argued January 12, 1982 Decided February 23, 1982 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HAROLD R. SODEN, J., ROBERT A. HARLEM, J. John L. Bell for appellant in the first above-entitled proceeding. William L. Owens for respondent in the first above-entitled proceeding. Joseph T. Pondolfino, Jr., for appellant in the second above-entitled proceeding. Martin J. Kane and John Rittinger for respondent in the second above-entitled proceeding. GABRIELLI
McGroarty v. Great Amer. Ins. Co.
36 N.Y.2d 358 (N.Y. 1975) Cited 129 times
Finding that an insurer's duty to defend was triggered by a complaint alleging that the insured, despite receiving warnings from the victim that the insured's construction "methods threatened [the victim's garage wall]," continued its construction and caused the damage warned of by the victim
Slayko v. Security Mutual Insurance Co.
98 N.Y.2d 289 (N.Y. 2002) Cited 56 times
In Slayko v Security Mut. Ins. Co. (98 NY2d 289, 292), the defendant's insured had pleaded guilty to assault in the second degree (Penal Law § 120.05), arising from an incident in which he pointed a shotgun at the plaintiff and pulled the trigger, incorrectly believing that the gun was unloaded.
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,065 times 11 Legal Analyses
Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

Georgitsi Realty, LLC, Appellant,v.Penn-Star Insurance Company, Respondent.

31 Cited authorities

Applying New York law

Holding that no coverage exists under homeowner's policy for child abuse comports with "almost all of the State and Federal courts which have decided identical or very similar coverage questions arising out of sexual abuse of children

Holding that “direct physical loss or damage” “clearly and unambiguously provides coverage only where the insured's property suffers direct physical damage”

In Ace Wire this dishonest act coverage contained an exclusion for "loss... the proof of which, either as to its factual existence or as to its amount, is dependent upon an inventory computation or a profit and loss computation."

Holding that "ordinary negligence does not constitute an intention to cause damage"

Denying auto coverage when policy limited to "`temporary substitute'" or "`non-owned' vehicle" and insured's wife's owned vehicle involved

Holding that “the release of carbon monoxide into an apartment is not the type of environmental pollution contemplated by the pollution exclusion clause”

Finding that an insurer's duty to defend was triggered by a complaint alleging that the insured, despite receiving warnings from the victim that the insured's construction "methods threatened [the victim's garage wall]," continued its construction and caused the damage warned of by the victim

In Slayko v Security Mut. Ins. Co. (98 NY2d 289, 292), the defendant's insured had pleaded guilty to assault in the second degree (Penal Law § 120.05), arising from an incident in which he pointed a shotgun at the plaintiff and pulled the trigger, incorrectly believing that the gun was unloaded.

Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"