National Casualty Insurance v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kooper, J.
The question to be resolved on appeal is whether the plaintiff National Casualty Insurance Company must defend and indemnify its insured under its "Comprehensive Law Enforcement Liability Policy”. For the reasons that follow, we conclude that it is so required.
The facts at bar are undisputed. In June 1981, one Earl Whittaker was arrested and subsequently charged with felony murder arising out of a Westchester County robbery during which a man was shot to death. After his arrest, Whittaker was incarcerated in the Westchester County Penitentiary until January 7,…
2Cases cited21 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
- International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
- Sturges Manufacturing Co. v. Utica Mutual InsuranceNew York Court of Appeals · 1975
16 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Uniroyal, Inc. v. Home InsuranceDistrict Court, E.D. New York · 1988
- Stonewall Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Asbestos Claims Management Corporation, Defendant-Appellee-Cross-Appellant, Liberty Mutual Insurance Company, Underwriters at Lloyds, Continental Casualty Company, American Motorists Insurance Company, Affiliated Fm Insurance Company, Republic Insurance Company, First State Insurance Company, United States Fire Insurance Company, Houston General Insurance Company, Twin City Fire Insurance Company, Old Republic Insurance Company, American Centennial Insurance Company, the Constitution State Insurance Company, Employers Insurance of Wausau, and Commercial Union Insurance Company, Defendants-Appellants-Cross-Appellees, and the Travelers Insurance Company, Asbestos Claims Management Corporation, Third-Party-Plaintiff-Appellee-Cross-Appellant v. International Insurance Company, Third-Party-Defendant-Appellant-Cross-Appellee, and H.S. Weavers (Underwriting) Agencies, Ltd., Third-PartyCourt of Appeals for the First Circuit · 1995
- Technicon Electronics Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Stonewall Insurance v. Asbestos Claims Management Corp.Court of Appeals for the Second Circuit · 1995
- Dayton Independent School District v. National Gypsum Co.District Court, E.D. Texas · 1988
32 more not listed; retrieve them via the Exa API.