Legal Opinion
Atlantic Cement Co. v. Fidelity & Casualty Co.
New York Court of Appeals
Decided October 9, 1984PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.
We agree, for the reasons stated in the opinion of Justice Fritz W. Alexander (91 AD2d 412), that the policy exclusion of “intentional harm” was inapplicable on the facts presented and that the Appellate .Division properly directed a verdict in favor of Atlantic Cement Company.
The exclusion being inapplicable, Atlantic was entitled under the policies not only to the costs of defense but also to indemnification for amounts paid by it as damages.…
2Cases cited2 opinions
- Isadore Rosen & Sons, Inc. v. Security Mutual InsuranceNew York Court of Appeals · 1972
- Atlantic Cement Co. v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
3Cited by28 opinions
- Max True Plastering Co. v. United States Fidelity & Guaranty Co.Supreme Court of Oklahoma · 1996
- City of Johnstown, New York v. Bankers Standard Insurance Company, Pacific Employers Insurance CompanyCourt of Appeals for the Second Circuit · 1989
- Dicola v. American Steamship Owners Mutual Protection & Indemnity Ass'n (In Re Prudential Lines, Inc.)District Court, S.D. New York · 1994
- Technicon Electronics Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1988
- General Motors Acceptance Corp. v. Nationwide InsuranceNew York Court of Appeals · 2005
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