91 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 16,981 times   1 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  2. Matter Hearst Corp. v. Clyne

    50 N.Y.2d 707 (N.Y. 1980)   Cited 1,329 times
    Holding that courts are normally precluded from considering questions that, once alive, have become moot by change of circumstances
  3. D'Arata v. N Y Cent. Fire Ins. Co.

    76 N.Y.2d 659 (N.Y. 1990)   Cited 565 times
    Holding that collateral estoppel is grounded on concepts of fairness and should not be rigidly or mechanically applied
  4. Consolidated Edison Co. of N.Y. v. Allstate Ins. Co.

    98 N.Y.2d 208 (N.Y. 2002)   Cited 353 times   21 Legal Analyses
    Holding that indemnity should be allocated pro rata
  5. QSP, Inc. v. Aetna Casualty & Surety Co.

    256 Conn. 343 (Conn. 2001)   Cited 360 times
    Holding that the duty to defend arises when an injured party brings a claim against the insured, within the policy coverage
  6. Allianz Ins. Co. v. Lerner

    416 F.3d 109 (2d Cir. 2005)   Cited 314 times
    Concluding that, where the new arguments were available to the party below, "the circumstances . . . do not militate in favor of an exercise of discretion"
  7. BP Air Conditioning Corp. v. One Beacon Insurance Group

    2007 N.Y. Slip Op. 5581 (N.Y. 2007)   Cited 292 times   1 Legal Analyses
    Holding that "a duty to defend an additional insured is not contingent on there having been an adjudication of liability giving rise to a duty to indemnify the additional insured"
  8. Automobile Insurance Company v. Cook

    7 N.Y.3d 131 (N.Y. 2006)   Cited 293 times
    Noting that defense duty arises when complaint's allegations "suggest a reasonable possibility of coverage"
  9. Employers Ins. of Wausau v. Ehlco Liquidating Trust

    186 Ill. 2d 127 (Ill. 1999)   Cited 319 times   2 Legal Analyses
    Holding that the "undisputed facts compel the legal conclusion that Wausau's refusal to defend the Wyoming suit was vexatious and unreasonable as a matter of law"
  10. Truck Ins. Exch. v. Vanport Homes

    147 Wn. 2d 751 (Wash. 2002)   Cited 219 times   1 Legal Analyses
    Affirming a finding of bad faith when an insurance company denied coverage "based on a laundry list of exclusions without any analysis or correlation to the particular claims."