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Ambac Assurance Corporation, et al., Appellants,v.Countrywide Home Loans, Inc., et al., Respondents, Bank of America Corp., Defendant.

Brief

45 Cited authorities

  1. Pasternack v. Lab. Corp. of Am. Holdings

    2016 N.Y. Slip Op. 5179 (N.Y. 2016)   Cited 400 times
    Holding that misrepresentations that are not communicated to a plaintiff cannot form the basis of a plaintiff's reasonable reliance

  2. Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V.

    2011 N.Y. Slip Op. 4720 (N.Y. 2011)   Cited 448 times   4 Legal Analyses
    Holding that shareholders that had released unknown fraud claims arising out of the shareholders' ownership interest in a company could not base a rescission claim on allegations that defendants had induced the release by concealing the true value of that interest

  3. People v. Hobson

    39 N.Y.2d 479 (N.Y. 1976)   Cited 458 times
    Finding constitutional prohibition against use of statements taken without notice to defense counsel, buttressing suppression and reversal with discussion of DR 7-104 violation

  4. Christiania General Ins. v. Great American Ins. Co.

    979 F.2d 268 (2d Cir. 1992)   Cited 185 times   2 Legal Analyses
    Finding that when they are clear, the express terms of the agreement control over the parties course of dealing

  5. Matter of Union Indem Ins Co.

    89 N.Y.2d 94 (N.Y. 1996)   Cited 137 times   1 Legal Analyses
    Characterizing the duty of utmost good faith as “the core duty accompanying reinsurance contracts”

  6. Federal Ins Co v. Andersen Co.

    75 N.Y.2d 366 (N.Y. 1990)   Cited 126 times
    Rejecting notion that defendant can escape liability simply because subrogee was paid to insure loss victim

  7. Ambac Assurance Corp. v. Countrywide Home Loans, Inc.

    151 A.D.3d 83 (N.Y. App. Div. 2017)   Cited 43 times
    Explaining in regard to No-Default R&W that "the better course is to hold a trial to inquire into and develop the facts to clarify the relevant legal principles and their application to representations and warranties" (internal quotation marks and alteration omitted)

  8. Federal Ins. Co. v. Kozlowski

    18 A.D.3d 33 (N.Y. App. Div. 2005)   Cited 50 times   2 Legal Analyses
    Reiterating that because "duty to defend is broader than the duty to indemnify," former duty may arise before facts are sufficiently developed to determine latter duty

  9. L. Smirlock Realty Corp. v. Title Guarantee Co.

    52 N.Y.2d 179 (N.Y. 1981)   Cited 98 times
    Finding policy was not rendered void pursuant to misrepresentation provision found therein as plaintiff was under no duty to disclose the publicly available information to defendant

  10. Matter of Ins. Co. of North America v. Kaplun

    274 A.D.2d 293 (N.Y. App. Div. 2000)   Cited 50 times

    Argued March 13, 2000. September 19, 2000. APPEAL by Lenny Kaplun in a proceeding to permanently stay arbitration of a claim for uninsured motorist benefits, from an order and judgment (one paper) of the Supreme Court (John F. O'Shaughnessy, J.), dated January 13, 1999, and entered in Nassau County, which granted the petition and permanently stayed arbitration . Solomon Rosengarten, Brooklyn, N.Y., for appellant. Ahmuty , Demers McManus, Albertson, N.Y. (Frederick B. Simpson and Brendan T. Fitzpatrick

  11. Section 3105 - Representations by the insured

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

  12. Section 313 - Notice of termination

    N.Y. Veh. & Traf. Law § 313   Cited 247 times

    1. (a) No contract of insurance for which a certificate of insurance has been filed with the commissioner shall be terminated by cancellation by the insurer until at least twenty days after mailing to the named insured at the address shown on the policy a notice of termination by regular mail, with a certificate of mailing, properly endorsed by the postal service to be obtained, except where the cancellation is for non-payment of premium in which case fifteen days notice of cancellation by the insurer

  13. Section 54 - The insurance contract

    N.Y. Workers' Comp. Law § 54   Cited 97 times   1 Legal Analyses

    1. Right of recourse to the insurance carrier. Every policy of insurance covering the liability of the employer for compensation shall be issued by one or more stock companies, mutual corporations or reciprocal insurers authorized to transact workers' compensation insurance in this state. In the case of a policy with multiple insurers, such insurers shall share one hundred percent of the liabilities by subscription, and one of the insurers shall serve as the lead insurer for notice and cancellation

  14. Section 6908 - Applicability of other laws

    N.Y. Ins. Law § 6908   Cited 1 times

    An insurer issuing policies of financial guaranty insurance shall be subject to all of the provisions of this chapter applicable to property/casualty insurers to the extent that such provisions are not inconsistent with the provisions of this article. N.Y. Ins. Law § 6908