South Hylan, LLC v. CNA Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*720The defendant National Fire Insurance Company of Hartford (hereinafter National Fire) demonstrated its prima facie entitlement to judgment as a matter of law by establishing that it is not obligated to provide coverage to the plaintiffs in an underlying personal injury action, as the plaintiffs are not named insureds in the subject insurance policy (see Portnoy v Allstate Indem. Co., 82 AD3d 1196, 1197-1198 [2011]). In opposition, the plaintiffs failed to raise a triable issue of fact as to whether reformation of the subject insurance policy is necessitated by mutual mistake as to the…
2Cases cited4 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Zimmerman v. Peerless InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
- Pascal v. Nova Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Portnoy v. Allstate Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2011