Legal Opinion

Lumber Mutual Insurance v. Lumberman's Mutual Casualty Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 13, 1992PublishedCited by 5 opinions

1Opinion of the Court

— In an action to recover the proceeds of an insurance policy, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Luciano, J.), dated July 16, 1990, which, after a nonjury trial, is in favor of the plaintiff and against the defendant in the principal sum of $112,500.81.

Ordered that the judgment is affirmed, with costs.

The plaintiff and the defendant each issued insurance policies to the same insured in the same amount for the same premises, a shopping center, for overlapping periods of time. On September 27, 1985, the roof of the insured premises was damaged and the…

2Cases cited1 opinion

  1. Federal Insurance v. Atlantic National InsuranceNew York Court of Appeals · 1969

3Cited by5 opinions

  1. Allstate Insurance v. BiederAppellate Division of the Supreme Court of the State of New York · 1995
  2. Crum & Forster Organization v. MorganAppellate Division of the Supreme Court of the State of New York · 1993
  3. PHILADELPHIA INDEMNITY INS. v. Employers Ins. Co. of WausauDistrict Court, S.D. New York · 2004
  4. General Accident Insurance v. GobetzAppellate Division of the Supreme Court of the State of New York · 1996
  5. Philadelphia Indemnity Insurance v. Employers InsuranceDistrict Court, S.D. New York · 2004

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