Legal Opinion
Commercial Financial Services, Inc. ex rel. Whitaker v. Great American Insurance Co. of New York
District Court, S.D. New York
Decided August 5, 2005No. 02 Civ. 7168(RPP)PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER
ROBERT P. PATTERSON, JR., District Judge.
Defendants Great American Insurance Company of New York (“Great American”) and Ohio Casualty Insurance Company (“Ohio Casualty”), joined by Westchester Fire Insurance Company (“Westchester Fire”), issuers of umbrella and excess liability insurance coverage to Plaintiff, Commercial Financial Services, Inc. (“CFS”), move to dismiss the First Amended Complaint (“Am.Complaint”), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, this motion is denied.
BACKGROUND
The Am. Complaint, which was filed…
2Cases cited29 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Babcock v. JacksonNew York Court of Appeals · 1963
- Auten v. AutenNew York Court of Appeals · 1954
- Lawrence A. Mitchell, Jr. v. Washingtonville Central School DistrictCourt of Appeals for the Second Circuit · 1999
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3Cited by3 opinions
- Craig v. Sandals Resorts InternationalDistrict Court, E.D. New York · 2014
- Autronic Plastics, Inc. v. Apogee Lighting, Inc.District Court, E.D. New York · 2021
- COMMERCIAL FINANCIAL SERV. v. Great American Ins.District Court, S.D. New York · 2005