24 Cited authorities

  1. Breed v. Ins. Co. of N. Amer

    46 N.Y.2d 351 (N.Y. 1978)   Cited 930 times   1 Legal Analyses
    Holding that no ambiguity exists where language has "definite and precise meaning, unattended by danger of misconception in the purport of the policy itself, and concerning which there is no reasonable basis for a difference of opinion"
  2. DaimlerChrysler v. Spitzer

    7 N.Y.3d 653 (N.Y. 2006)   Cited 237 times
    In Spitzer, James Warner bought a new truck manufactured by General Motors Corporation in March 2003. Shortly after acquiring the truck, Warner discovered a transmission problem and attempted to have the problem fixed on five occasions between April and November 2003.
  3. Hartford Acc. Ind. v. Wesolowski

    33 N.Y.2d 169 (N.Y. 1973)   Cited 492 times   1 Legal Analyses
    Holding there was one "occurrence" under the event test when the insured vehicle struck one oncoming vehicle, ricocheted off, and struck a second vehicle more than 100 feet away and noting that there was "no intervening agent" and "in common understanding and parlance there was ... a single, inseparable ‘three-car accident’ "
  4. American Home Products v. Liberty Mut. Ins. Co.

    748 F.2d 760 (2d Cir. 1984)   Cited 197 times
    Finding that property damage is physical injury occurring during the policy period
  5. Uniroyal, Inc. v. Home Ins. Co.

    707 F. Supp. 1368 (E.D.N.Y. 1988)   Cited 139 times
    Holding that coverage was triggered only at that point in time one week after each claimant was exposed to the toxic product
  6. Lavanant v. General Acc. Ins. Co.

    79 N.Y.2d 623 (N.Y. 1992)   Cited 108 times
    Holding that emotional distress was a “bodily injury” in an insurance policy
  7. American Home Prod. v. Liberty Mut. Ins. Co.

    565 F. Supp. 1485 (S.D.N.Y. 1983)   Cited 120 times
    Finding provision unambiguous, but rejecting Liberty Mutual's interpretation, holding instead that it does not apply where harm-causing exposure occurred before policy termination date, and resulting damage continues after that date
  8. Baker's Aid v. Hussmann Foodservice Co.

    730 F. Supp. 1209 (E.D.N.Y. 1990)   Cited 37 times
    Finding disputed term unambiguous in part because of defendant's failure to offer relevant evidence of business custom
  9. Shants, Inc. v. Capital One, N.A.

    124 A.D.3d 755 (N.Y. App. Div. 2015)   Cited 7 times

    2013-03618 01-21-2015 Shants, Inc., plaintiff-respondent-appellant, v. Capital One, N.A., respondent, MRW Group, Inc., appellant- respondent, Tower Insurance Company of New York, defendant-respondent-appellant. Keidel, Weldon & Cunningham, LLP, White Plains, N.Y. (Debra M. Krebs and Robert W. Lewis of counsel), for appellant-respondent. Gabriel Mendelberg, New York, N.Y., for plaintiff-respondent-appellant. Max W. Gershweir, New York, N.Y. (Joseph S. Weiner of counsel), for defendant-respondent-appellant

  10. Benesowitz v. Metropolitan Life Insurance

    2007 N.Y. Slip Op. 5580 (N.Y. 2007)   Cited 13 times
    In Benesowitz the United States Court of Appeals for the Second Circuit certified to the Court of Appeals of New York a question regarding a New York statute governing preexisting condition provisions in group disability insurance policies.
  11. Section 576 - Cancellation of insurance contract upon default

    N.Y. Banking Law § 576   Cited 77 times

    1. When a premium finance agreement contains a power of attorney or other authority enabling the premium finance agency to cancel any insurance contract or contracts listed in the agreement, the insurance contract or contracts shall not be cancelled unless such cancellation is effectuated in accordance with the following provisions: (a) Not less than ten days written notice shall be mailed to the insured at his last known address as shown on the records of the premium finance agency, of the intent

  12. Section 187 - Credit for special additional mortgage recording tax

    N.Y. Tax Law § 187   Cited 14 times

    1. A taxpayer shall be allowed a credit, to be credited against the taxes imposed by this article, other than the taxes and fees imposed by sections one hundred eighty-six-a and one hundred eighty-six-e of this chapter. The amount of the credit shall be the amount of the special additional mortgage recording tax paid by the taxpayer pursuant to the provisions of subdivision one-a of section two hundred fifty-three of this chapter on mortgages recorded on and after January first, nineteen hundred

  13. Section 1305 - Unearned premium reserves

    N.Y. Ins. Law § 1305

    (a) Every authorized insurer shall, except as to reserves required under section one thousand three hundred four of this article and subject to paragraph nine of subsection (a) of section one thousand three hundred one of this article and other specific provisions of this chapter, maintain reserves equal to the unearned portions of the gross premiums charged on unexpired or unterminated risks and policies. (b) (1) No deductions may be made from the gross premiums in force except for original premiums