Legal Opinion
Zielinski v. Associated Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1995PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: There is no merit to the contention of defendant that Supreme Court erred in reforming the contract of insurance (see, Crivella v Transit Cas. Co., 116 AD2d 1007; Court Tobacco Stores v Great E. Ins. Co., 43 AD2d 561). Defendant offered only the conclusory testimony of its president concerning underwriting practices with respect to applicants with similar histories; that testimony is insufficient to establish that defendant would have rejected the application for…
2Cases cited8 opinions
- Wittner v. IDS InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Crivella v. Transit Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Court Tobacco Stores, Inc. v. Great Eastern InsuranceAppellate Division of the Supreme Court of the State of New York · 1973
- Cutrone v. American General Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- Sonkin Associates, Inc. v. Columbian Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by3 opinions
- Imrie v. RattoAppellate Division of the Supreme Court of the State of New York · 2020
- Capizzi v. Security Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
- Fahrenholz v. Security Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2006