Legal Opinion
Utica Mutual Insurance v. Bristol-Myers Squibb Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 1995PublishedCited by 1 opinion
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: The "Service of Suit” clause contained in the policies issued by defendants The Travelers Indemnity Company (sued herein as The Travelers Insurance Company), Continental Insurance Company and Hartford Accident & Indemnity Company (defendant insurers) does not operate as a forum selection clause that gives the insured, defendant Bristol-Myers Squibb Co., Inc. (Bristol-Myers), the right to litigate coverage issues in the forum of its choosing (see, Price v Brown Group, 206 AD2d 195). Thus, this action should not have been dismissed on the…
2Cases cited10 opinions
- Silver v. Great American InsuranceNew York Court of Appeals · 1972
- Varkonyi v. S. A. Empresa De Viacao Airea Rio GrandenseNew York Court of Appeals · 1968
- Price v. Brown Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Highgate Pictures, Inc. v. De PaulAppellate Division of the Supreme Court of the State of New York · 1990
- Avnet, Inc. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1990
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3Cited by1 opinion
- Columbia Casualty Co. v. Bristol-Myers Squibb Co.Appellate Division of the Supreme Court of the State of New York · 1995