Hawley v. Travelers Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified, and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term properly granted plaintiff’s motion to compel the defendant, fire insurance company, to disclose the report of its fire expert since defendant failed to sustain its burden of proving that the report was created in preparation for litigation. Although defendant has shown that when it employed the expert, it may have had “ ‘substantial bona fide reasons to investigate the legitimacy of the loss’ ” (Seaview Chef v Transamerica Ins. Co., 61 AD2d 1043; see Rossi v…
2Cases cited9 opinions
- Mold Maintenance Service v. General Accident Fire & Life Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Millard v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Millen Industries, Inc. v. American Mutual Liability InsuranceAppellate Division of the Supreme Court of the State of New York · 1971
- New England Seafoods of Amherst, Inc. v. Travelers CompaniesAppellate Division of the Supreme Court of the State of New York · 1981
- Seaview Chef, Inc. v. Transamerica Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Landmark Insurance v. Beau Rivage Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Westhampton Adult Home, Inc. v. National Union Fire Insurance Co. of Pittsburgh Pa.Appellate Division of the Supreme Court of the State of New York · 1984
- Flex-O-Vit USA, Inc. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Carden v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Zampatori v. United Parcel ServiceAppellate Division of the Supreme Court of the State of New York · 1983
10 more not listed; retrieve them via the Exa API.