12 Cited authorities

  1. Universal Am. Corp. v. Nat'l Union Fire Ins. Co.

    2015 N.Y. Slip Op. 5516 (N.Y. 2015)   Cited 182 times   14 Legal Analyses
    Concluding that the language of an insurance rider unambiguously applied to losses incurred from unauthorized access to plaintiff's computer system, where the "[t]he intentional word placement of 'fraudulent' before 'entry' and 'change' manifest[ed] the parties' [specific] intent."
  2. Cragg v. Allstate Indemnity Corporation

    2011 N.Y. Slip Op. 4767 (N.Y. 2011)   Cited 122 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

  3. Mostow v. State Farm Insurance

    88 N.Y.2d 321 (N.Y. 1996)   Cited 142 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
  4. Maurice Goldman Sons, Inc. v. Hanover Insurance Co.

    80 N.Y.2d 986 (N.Y. 1992)   Cited 74 times
    Holding that an exclusion for "unexplained loss," "mysterious disappearance," and "loss or shortage discovered on taking inventory," was unambiguous and applied to exclude jewelry loss where insured's president could not say how or where loss occurred
  5. Kula v. State Farm Fire & Casualty Co.

    212 A.D.2d 16 (N.Y. App. Div. 1995)   Cited 63 times
    Holding that earth movement exclusion barred coverage where broken pipe caused soil under plaintiff's home to wash away
  6. Album Realty Corp. v. American Home Assurance Company

    80 N.Y.2d 1008 (N.Y. 1992)   Cited 58 times
    Applying "proximate, efficient and dominant cause" test to hold that covered risk of water damage, which was caused by frozen pipes, rather than excluded risk of freezing, was cause of loss
  7. Broome Cnty. v. Travelers Indem. Co.

    125 A.D.3d 1241 (N.Y. App. Div. 2015)   Cited 13 times   2 Legal Analyses

    2015-02-26 Broome COUNTY, Respondent–Appellant, v. THE TRAVELERS INDEMNITY COMPANY, et al., Appellants–Respondents. Robinson & Cole, LLP, Hartford, Conneticut (Gregory P. Varga of counsel), for appellants-respondents. Robert G. Behnke, County Attorney, Binghamton, for respondent-appellant. Robinson & Cole, LLP, Hartford, Conneticut (Gregory P. Varga of counsel), for appellants-respondents. Robert G. Behnke, County Attorney, Binghamton, for respondent-appellant. Before: McCARTHY, J.P., LYNCH, DEVINE

  8. Commissioners of the State Insurance Fund v. Insurance Co. of North America

    80 N.Y.2d 992 (N.Y. 1992)   Cited 30 times
    Holding that plain English language must be given effect
  9. Star City Sportswear v. Yasuda Fire Marine Ins. Co.

    2 N.Y.3d 789 (N.Y. 2004)   Cited 15 times

    108 SSM 15. Decided May 13, 2004. APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 28, 2003. The Appellate Division, with two Justices dissenting, affirmed an order of the Supreme Court, New York County (Harold Tompkins, J.), which had granted defendant's motion for summary judgment dismissing the complaint. Plaintiff arranged for shipment of goods from Mexico to New York City. Armed robbers hijacked the goods from trucks on a Mexico

  10. Star City Sportswear, Inc. v. Yasuda Fire & Marine Insurance of America

    1 A.D.3d 58 (N.Y. App. Div. 2003)   Cited 14 times

    2118 October 28, 2003. Plaintiff appeals from an order of the Supreme Court, New York County (Harold Tompkins, J.), entered August 24, 2001, which granted defendant's motion for summary judgment dismissing the complaint. Joshua L. Mallin, of counsel (Dennis T. D'Antonio and Romilda P. Crocamo, on the brief, Weg and Myers, P.C., attorneys) for plaintiff-appellant, Thomas M. Eagan, of counsel (David T. Maloof, on the brief, Maloof Browne LLP, attorneys) for defendant-respondent. Before: Buckley, P