Legal Opinion

Sagemark Companies v. Arch Insurance

New York Supreme Court

Decided February 4, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Leonard B. Austin, J.

*729Defendant, Arch Specialty Insurance Company, sued herein as Arch Insurance Group Inc., also known as Arch Specialty Insurance Agency Inc. moves pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint which seeks a judgment declaring that certain medical malpractice policies are void. Plaintiff cross-moves to amend the caption to reflect the correct name of the defendant.

Background

Plaintiffs, the Sagemark Companies, Ltd., and its subsidiaries Premier P.E.T. of Long Island, LLC and PET Management of Queens, LLC (collectively Sagemark), allege that…

2Cases cited6 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  3. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  4. Nonnon v. City of New YorkNew York Court of Appeals · 2007
  5. Waller v. Northern Assurance Co.Supreme Court of Iowa · 1884

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