Legal Opinion

Endurance American Specialty Insurance v. Utica First Insurance

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

Decided October 8, 2015No. 14678 650703/13PublishedCited by 5 opinions

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J.), entered November 22, 2013, declaring that defendant Utica First Insurance Company (Utica) has no duty to defend or indemnify plaintiffs in the underlying lawsuit, and dismissing the complaint, unanimously reversed, on the law, without costs, the complaint reinstated, the declaration vacated, Utica’s motion to dismiss and for a declaration denied, and it is declared that Utica is obliged to defend and indemnify plaintiffs in the underlying action.

This action arises out of an October 16, 2011 accident in…

2Cases cited3 opinions

  1. George Campbell Painting v. National Union Fire Insurance Co. of Pittsburgh, PAAppellate Division of the Supreme Court of the State of New York · 2012
  2. City of New York v. Northern InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  3. Juan Sierra v. 4401 Sunset Park, LLC, 4401 Sunset Park, LLCNew York Court of Appeals · 2014

3Cited by5 opinions

  1. Wesco Ins. Co. v. Fulmont Mut. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2023
  2. Batista v. Global Liberty Ins. Co. of N.Y.Appellate Division of the Supreme Court of the State of New York · 2016
  3. AVR-Powell C Dev. Corp. v. Utica First Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2019
  4. New York Mar. & Gen. Ins. Co. v. Rockingham Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2025
  5. Scottsdale Insurance Company, OneTeam Restoration, Inc, Nautilus Realty Limited Partnership, and DNA Contracting and Waterproofing v. Acceptance Indemnity Insurance CompanyDistrict Court, S.D. New York · 2025

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