24 Cited authorities

  1. Continental Cas. v. Rapid-Am

    80 N.Y.2d 640 (N.Y. 1993)   Cited 526 times
    Holding that these terms are to be construed narrowly as barring coverage "only when the insured intended the damages"
  2. Consolidated Edison Co. of N.Y. v. Allstate Ins. Co.

    98 N.Y.2d 208 (N.Y. 2002)   Cited 334 times   21 Legal Analyses
    Holding that indemnity should be allocated pro rata
  3. Joblon v. Solow

    91 N.Y.2d 457 (N.Y. 1998)   Cited 338 times   1 Legal Analyses
    Holding that "routine maintenance" and "decorative modifications," such as the removal and replacement of a burnt-out lightbulb on an illuminated sign or "the minimal cleaning of windows," fall outside the reach of Section 240
  4. 166 Mamaroneck v. 151 E Post

    78 N.Y.2d 88 (N.Y. 1991)   Cited 250 times   1 Legal Analyses
    Explaining that "the requirement of definiteness could be satisfied in the absence of an explicit contract term . . . [by] recourse to an objective extrinsic event"
  5. Cragg v. Allstate Indemnity Corporation

    2011 N.Y. Slip Op. 4767 (N.Y. 2011)   Cited 78 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

  6. Mostow v. State Farm Insurance

    88 N.Y.2d 321 (N.Y. 1996)   Cited 119 times
    Affirming an insurance award of over $100,000 when the policy ambiguously provided both a $100,000 per person limit and a $300,000 limit when two or more persons were injured
  7. Miller v. Continental Ins. Co.

    40 N.Y.2d 675 (N.Y. 1976)   Cited 181 times
    Holding terms of an insurance policy are construed in accordance with their understanding by the average man
  8. Salvano v. Merrill Lynch

    85 N.Y.2d 173 (N.Y. 1995)   Cited 105 times
    Holding with respect to contractual agreement regarding arbitration, that court's role is “limited to interpretation and enforcement of the terms agreed to by the parties”
  9. Handelsman v. Sea Insurance

    85 N.Y.2d 96 (N.Y. 1994)   Cited 89 times
    In Handelsman, by contrast, the coverage portion of the insurance policy required payment for "`bodily injury' or `property damage' for which any `insured' becomes legally responsible because of an auto accident," and defined an "insured" as a "`family member' for the ownership, maintenance or use of any auto" (id., at 99-100).
  10. Selective Ins. Co. of Am. v. Cnty. of Rensselaer

    2016 N.Y. Slip Op. 1001 (N.Y. 2016)   Cited 41 times   1 Legal Analyses

    No. 4. 02-11-2016 SELECTIVE INSURANCE COMPANY OF AMERICA et al., Respondents–Appellants, v. COUNTY OF RENSSELAER, Appellant–Respondent. Burke, Scolamiero, Mortati & Hurd, LLP, Albany (Melissa J. Smallacombe and Mark G. Mitchell of counsel), for appellant-respondent. Galbo & Associates, Buffalo (Richard A. Galbo and Leo C. Kellett of counsel), for respondents-appellants. ABDUS–SALAAM, J. Burke, Scolamiero, Mortati & Hurd, LLP, Albany (Melissa J. Smallacombe and Mark G. Mitchell of counsel), for appellant-respondent

  11. § 1926.1401 Definitions

    29 C.F.R. § 1926.1401   Cited 6 times   1 Legal Analyses

    A/D director (Assembly/Disassembly director) means an individual who meets this subpart's requirements for an A/D director, irrespective of the person's formal job title or whether the person is non-management or management personnel. Articulating crane means a crane whose boom consists of a series of folding, pin connected structural members, typically manipulated to extend or retract by power from hydraulic cylinders. Assembly/Disassembly means the assembly and/or disassembly of equipment covered