Legal Opinion
Scharf v. Generali U.S. Branch
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 1999PublishedCited by 4 opinions
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Herman Cahn, J.), entered March 6, 1998, which, upon facts submitted pursuant to CPLR 3222, declared that defendant insurer is obligated to defend and indemnify plaintiffs in the underlying personal injury action, unanimously affirmed, without costs.
We agree with Supreme Court that plaintiff owners’ receipt of the Health Department’s Order to Abate Nuisance did not trigger their obligation under the subject insurance contract to notify defendant of a potential claim. The Order to Abate Nuisance did not apprise the owners that a…
2Cases cited2 opinions
- Mount Vernon Fire Insurance v. East Side Renaissance AssociatesDistrict Court, S.D. New York · 1995
- Public Service Mutual Insurance v. AYFAS Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- Mount Vernon Fire Insurance v. Abesol Realty Corp.District Court, E.D. New York · 2003
- Chama Holding Corp. v. Generali-US BranchAppellate Division of the Supreme Court of the State of New York · 2005
- Tower Insurance v. Metro Property Group, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Tower Insurance v. Metro Property Group, LLCAppellate Division of the Supreme Court of the State of New York · 2013