§Why CasetextPricing

Millennium Holdings LLC, Plaintiff, The Northern Assurance Company of America, Appellant, Certain Underwriters at Lloyd's, et al., Intervenors-Appellants,v.The Glidden Company,, et al., Respondents.

Brief

37 Cited authorities

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

    74 N.Y.2d 487 (N.Y. 1989)   Cited 1,382 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. Parochial v. Board of Educ

    60 N.Y.2d 539 (N.Y. 1983)   Cited 827 times
    Holding that § 3813's notice of claim requirement "is not satisfied by presentment to any other individual or body"

  3. D'Arata v. N Y Cent. Fire Ins. Co.

    76 N.Y.2d 659 (N.Y. 1990)   Cited 612 times
    Holding that collateral estoppel is grounded on concepts of fairness and should not be rigidly or mechanically applied

  4. North Star Reins. v. Continental

    82 N.Y.2d 281 (N.Y. 1993)   Cited 253 times   2 Legal Analyses
    In North Star Reinsurance Corp. v. Continental Insurance Co., 604 N.Y.S.2d 510, 516 (N.Y. 1993), the court mentioned in dicta the general rule that "a common law indemnification claim arises when the party seeking indemnity... has suffered an out-of-pocket loss," but it did not even reach the applicability of the well-recognized exception stated in Harris, supra. Piccirillo v. Beltrone-Turner, 727 N.Y.S.2d 721, 724 (App.Div. 2001) did not involve a third-party claim, but rather a cross-claim of indemnity between two defendants.

  5. Pennsylvania General Insurance v. Austin Powder Co.

    68 N.Y.2d 465 (N.Y. 1986)   Cited 288 times   1 Legal Analyses
    Rejecting the argument that the anti-subrogation rule was inapplicable because the additional insured did not itself pay premiums for the coverage because the costs for such premiums were likely priced in to the additional insured's contract with the primary insured

  6. Glidden Co. v. Lumbermens Mut

    2006 Ohio 6553 (Ohio 2006)   Cited 157 times
    Holding that "[a]n actual conflict between Ohio law and the law of another jurisdiction must exist before a choice-of-law analysis is undertaken"

  7. Kaf-Kaf, Inc. v. Rodless

    90 N.Y.2d 654 (N.Y. 1997)   Cited 146 times
    Recognizing subrogation waiver clauses in the co-op by-laws as valid and binding on the insurers

  8. Elrac, Inc. v. Ward

    96 N.Y.2d 58 (N.Y. 2001)   Cited 115 times
    Holding that anti-subrogation principles apply to both self-insurers and insurance companies

  9. Jefferson Ins. Co. of N.Y. v. Travelers Indemnity Co.

    1998 N.Y. Slip Op. 9252 (N.Y. 1998)   Cited 85 times
    Ordering two primary insurance carriers with equal policy limits to pay half of the covered cost each without factoring applicable excess policy purchased in a tier above one of the two primary policies into the calculation of that division

  10. Fasso v. Doerr

    2009 N.Y. Slip Op. 1320 (N.Y. 2009)   Cited 54 times
    Explaining that subrogation allows insurer to recover from defendant because party who causes injury should bear loss, but injured party should not be able to recover both from insurer and wrongdoer