§Why CasetextPricing

ACE Securities Corp.,, Appellant,v.DB Structured Products, Inc., Respondent.

Brief

9 Cited authorities

  1. Group Life Health Ins. Co. v. Royal Drug Co.

    440 U.S. 205 (1979)   Cited 441 times   6 Legal Analyses
    Holding that "contractual arrangements" between an insurance company and pharmacies did not constitute the business of insurance because they concerned a relationship with third parties and not the relationship "between insurer and insured"

  2. John J. Kassner & Co. v. City of New York

    46 N.Y.2d 544 (N.Y. 1979)   Cited 310 times   1 Legal Analyses
    Holding that "the cause of action accrues and the Statute of Limitations begins to run from the time of the breach" of a contract

  3. ACE Securities Corp. v. DB Structured Products, Inc.

    112 A.D.3d 522 (N.Y. App. Div. 2013)   Cited 82 times   3 Legal Analyses
    Holding that plaintiff's breach of representations and warranties claims relating to mortgage loans sold to plaintiff by defendant were untimely because "the claims accrued on the closing date of the [mortgage loan purchase agreement], . . . when any breach of the representations and warranties contained therein occurred"

  4. MBIA Ins. Corp. v. Countrywide Home Loans, Inc.

    105 A.D.3d 412 (N.Y. App. Div. 2013)   Cited 55 times   3 Legal Analyses
    Holding that granting a motion for summary judgment awarding rescissory damages was inappropriate because rescission was not warranted

  5. Bulova Watch v. Celotex Corp.

    46 N.Y.2d 606 (N.Y. 1979)   Cited 99 times   2 Legal Analyses
    Holding that the six-year statute of limitations period began anew with each new leak of a roof where contractor had made 20–year guarantee to repair roof

  6. Geer v. Union Mutual Life Ins. Co.

    273 N.Y. 261 (N.Y. 1937)   Cited 100 times   1 Legal Analyses
    In Geer v. Union Mut. Life Ins. Co. (supra, p. 270), the court said: "The insurance company did not agree that a jury might decide what risks the company should accept.

  7. Section 3105 - Representations by the insured

    N.Y. Ins. Law § 3105   Cited 321 times   6 Legal Analyses
    Requiring "inducement"

  8. Section 3106 - Warranty defined; effect of breach

    N.Y. Ins. Law § 3106   Cited 53 times

    (a) In this section "warranty" means any provision of an insurance contract which has the effect of requiring, as a condition precedent of the taking effect of such contract or as a condition precedent of the insurer's liability thereunder, the existence of a fact which tends to diminish, or the non-existence of a fact which tends to increase, the risk of the occurrence of any loss, damage, or injury within the coverage of the contract. The term "occurrence of loss, damage, or injury" includes the

  9. Section 6901 - Definitions

    N.Y. Ins. Law § 6901   Cited 5 times

    As used in this article: (a) (1) "Financial guaranty insurance" means a surety bond, an insurance policy or, when issued by an insurer or any person doing an insurance business as defined in paragraph one of subsection (b) of section one thousand one hundred one of this chapter, an indemnity contract, and any guaranty similar to the foregoing types, under which loss is payable, upon proof of occurrence of financial loss, to an insured claimant, obligee or indemnitee as a result of any of the following