Legal Opinion · Dissent

De Forte v. Allstate Insurance

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

Decided July 9, 1981Published

1Dissent

Hancock, Jr., J.

(dissenting). I must disagree with the majority’s holding that the two dog bite incidents are occurrences which, as a matter of law, are covered by the policy.

The indorsement entitled “Premises and Operations Limitation Endorsement” affords liability coverage both for the insured’s premises (121 Linwood Avenue) (for occurrences “arising out of the ownership, maintenance or use of the insured premises”) and for the insured’s business (landlord) (for occurrences arising out of “all operations necessary or incidental to the business of the Named Insured conducted at or from the…

2Cases cited4 opinions

  1. Denning v. LettentyNew York Supreme Court · 1965
  2. Davis v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1966
  3. T. R. Service Station, Inc. v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1964
  4. Drennan v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 1966

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