Moshiko, Inc. v. Seiger & Smith, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
The Insurance Company of the State of Pennsylvania (Pennsylvania) appeals from an order which, inter alia, granted summary judgment to Varda, Inc., its insured, as to liability only, and dismissed the action against Varda’s broker, Seiger & Smith, Inc. and its president, Steven A. Vasaka. The court’s ruling, based on a finding of ambiguity, effectively rewrote Pennsylvania’s policy to afford first-party coverage under an endorsement which is expressly described in the policy as affording legal liability coverage only. Moreover, the policy contained the precise…
2Cases cited16 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- State v. Home Indemnity Co.New York Court of Appeals · 1985
- Thomas J. Lipton, Inc. v. Liberty Mutual InsuranceNew York Court of Appeals · 1974
- American Home Products Corp. v. Liberty Mutual InsuranceDistrict Court, S.D. New York · 1983
- McGrail v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1944
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- K. Bell & Associates, Inc. v. Lloyd's UnderwritersCourt of Appeals for the Second Circuit · 1996
- Kula v. State Farm Fire & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1995
- National Union Fire Insurance v. Ambassador Group, Inc.District Court, E.D. New York · 1990
- Moshiko, Inc. v. Seiger & Smith, Inc.New York Court of Appeals · 1988
- Berger v. Manhattan Life InsuranceDistrict Court, S.D. New York · 1992
24 more not listed; retrieve them via the Exa API.