23 Cited authorities

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

    74 N.Y.2d 487 (N.Y. 1989)   Cited 1,378 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 436 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 730 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. Insurance Company of North America v. Keene Corp.

    455 U.S. 1007 (1982)   Cited 199 times   1 Legal Analyses

    No. 81-1012. April 26, 1982. Petition for rehearing denied. JUSTICE BRENNAN took no part in the consideration or decision of this petition.

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

    55 Cal.4th 186 (Cal. 2012)   Cited 146 times   20 Legal Analyses
    Noting that courts must give meaning to the language of the insurance policy regarding appropriate allocation method
  7. Keene Corp. v. Ins. Co. of North America

    667 F.2d 1034 (D.C. Cir. 1981)   Cited 339 times   6 Legal Analyses
    Holding that insurance coverage in the context of asbestos-related diseases is triggered by exposure, exposure in residence, and manifestation
  8. Stonewall Ins. Co. v. Asbestos Claims Mgmt

    73 F.3d 1178 (2d Cir. 1995)   Cited 212 times   1 Legal Analyses
    Holding that New York law did not bar coverage of damages even though the insured knew, before the inception date of its policies, "that its products risked asbestosis and cancer diseases and had received a large number of claims"
  9. 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”
  10. 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

  11. Section 1011 - Declaration of policy

    15 U.S.C. § 1011   Cited 1,148 times   35 Legal Analyses
    Responding to South-Eastern Underwriters by codifying that the “business of insurance” is exempt from most Congressional action
  12. 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

  13. Section 500.23 - Amicus curiae relief

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.23   Cited 3 times

    Any non-party other than the Attorney General seeking to file an amicus brief on an appeal, certified question or motion for leave to appeal must obtain permission by motion. Potential amici seeking information are encouraged to contact the clerk's office by telephone during business hours. Information on the calendar status of appeals and certified questions, court session dates and appropriate return dates for amicus motions also is available on the court's website. (a)Motions for amicus curiae