Legal Opinion

Beach Haven Apartments, No. 6, Inc. v. Allcity Insurance

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

Decided April 13, 1992PublishedCited by 18 opinions

1Opinion of the Court

In an action for a judgment declaring that the defendant insurer is obligated to defend and indemnify the plaintiff insured in an underlying tort action, the defendant appeals from a judgment of the Supreme Court, Nassau County (Becker, J.), entered May 19, 1989, which declared that it is obligated to defend and indemnify the plaintiff and awarded the plaintiff $5,357.85 for attorney’s fees expended on its behalf in the underlying tort action.

Ordered that the judgment is affirmed, with costs.

This appeal concerns a 22-month delay by the plaintiff in giving notice to the defendant insurer of an…

2Cases cited5 opinions

  1. Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
  2. United States Fidelity & Guaranty Co. v. AnnunziataNew York Court of Appeals · 1986
  3. Miller v. Continental InsuranceNew York Court of Appeals · 1976
  4. Merchants Mutual Insurance v. HoffmanNew York Court of Appeals · 1982
  5. Empire City Subway Co. v. Greater New York Mutual InsuranceNew York Court of Appeals · 1974

3Cited by18 opinions

  1. New York v. BlankCourt of Appeals for the Second Circuit · 1994
  2. State of New York v. Walter T. Blank and Abalene Pest Control Service, Inc., and Orkin Exterminating Company, Inc., Walter T. Blank and Abalene Pest Control Service, Inc., Third-Party v. New York State Department of Environmental Conservation, New England Marine Contractors, Inc., Third-Party National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Capital Mutual Insurance Co., Third-Party Capital Mutual Insurance Co., Fourth-Party Plaintiff-Appellee-Cross-Appellant v. New York Mutual Underwriters, Commercial Mutual Insurance Company, Formerly Known as Cooperative Fire Insurance Company of Catskill, New York, Security Mutual Fire Insurance Company, and Sterling Insurance Company, Fourth-Party Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 1994
  3. Frank Sparacino, as President of the Newspaper and Mail Deliverers' Union of New York and Vicinity v. Pawtucket Mutual Insurance Company, Defendant-Third-Party v. Imperial Delivery Service, Inc., Third-Party Gary Lee Mauney & Robert J. Boyle, Third-PartyCourt of Appeals for the Second Circuit · 1995
  4. No. 97-1282Court of Appeals for the Third Circuit · 1998
  5. E.T. Nutrition Inc. v. Central Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1994

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