Legal Opinion

Zappone v. Home Insurance

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 1981PublishedCited by 7 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court in favor of plaintiffs, entered February 22, 1980 in Saratoga County, upon a decision of the court at a Trial Term, without a jury. The question to be resolved on this appeal is whether subdivision 8 of section 167 of the Insurance Law, which requires that a liability insurer give written notice as soon as is reasonably possible of its disclaimer of liability or denial of coverage, applies where, under the terms of the insurance policy, there is no coverage. The facts are not in dispute. On July 20, 1975, a 1966 Mercedes Benz driven by plaintiff…

2Cases cited4 opinions

  1. Allstate Insurance v. GrossNew York Court of Appeals · 1970
  2. McMahon v. Boston Old Colony InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
  3. Home Indemnity Co. v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
  4. Preisch v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1976

3Cited by7 opinions

  1. Spinosa v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
  2. Washington Metropolitan Area Transit Authority v. BullockCourt of Special Appeals of Maryland · 1986
  3. John v. Centennial InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  4. National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Medical Liability Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
  5. Blackmer v. Travelers Indemnity Co.New York Supreme Court · 1981

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