Legal Opinion
HBE Corp. v. Sirius America Insurance
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 2009PublishedCited by 4 opinions
1Opinion of the Court
Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered February 13, 2008 in a declaratory judgment action. The judgment granted plaintiffs’ motion for summary judgment with respect to the violation of Insurance Law § 3420 (d), declaring, inter alia, that defendant must defend and indemnify plaintiffs in the underlying personal injury action.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied and the declarations are vacated.
Memorandum: Plaintiffs, HBE…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Markevics v. Liberty Mutual InsuranceNew York Court of Appeals · 2001
- Orlikowski v. Cornerstone Community Federal Credit UnionAppellate Division of the Supreme Court of the State of New York · 2008
- Arida v. Essex InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by4 opinions
- RLI INSURANCE COMPANY v. SMIEDALA, LESLIEAppellate Division of the Supreme Court of the State of New York · 2012
- STATE FARM FIRE & CASUALTY COMPANY v. RICCI, MATTHEWAppellate Division of the Supreme Court of the State of New York · 2012
- State Farm Fire & Casualty Co. v. RicciAppellate Division of the Supreme Court of the State of New York · 2012
- State Farm Fire & Casualty Co. v. RicciAppellate Division of the Supreme Court of the State of New York · 2012