Legal Opinion
720-730 Fort Washington Avenue Owners Corp. v. Utica First Insurance
New York Supreme Court
Decided November 4, 2009Published
1Opinion of the Court
*504OPINION OF THE COURT
Paul A. Victor, J.
Relief Sought
Defendant Utica First Insurance Company moves for dismissal of the plaintiffs complaint and all cross claims brought against it in this matter, and a declaration that it has no duty to either defend or indemnify the plaintiff in the underlying personal injury action.
Issue Presented
Should written exclusions inserted into a commercial general liability insurance policy, which render the supposed coverage almost meaningless, be declared unenforceable as violative of the public policy and core objective of New York State to protect construction…
2Cases cited25 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
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