Legal Opinion
Blitman Construction Corp. v. Insurance Co. of North America
New York Court of Appeals
Decided November 14, 1985PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, defendant’s motion for summary judgment granted and the certified question answered in the negative.
Plaintiff does not, as indeed it could not, suggest that the 12-month limitation period of the policy is invalid (Kassner & Co. v City of New York, 46 NY2d 544, 551; see, Insurance Law § 3404, lines 157-161). It argues rather that, by reserving to itself 12 months to investigate, the carrier made it "illogical” and "commercially unreasonable” for it to institute action while the carrier was still…
2Cases cited14 opinions
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
- Proc v. Home InsuranceNew York Court of Appeals · 1966
- Fotochrome, Inc. v. American InsuranceAppellate Division of the Supreme Court of the State of New York · 1966
- Gilbert Frank Corp. v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
- Executive Plaza, LLC v. Peerless InsuranceNew York Court of Appeals · 2014
- Schunk v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
- Endemann v. Liberty Ins. Corp.District Court, N.D. New York · 2019
- Minichello v. Northern Assurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2003
44 more not listed; retrieve them via the Exa API.