Legal Opinion
Utica Mutual Insurance v. Cherry
New York Court of Appeals
Decided November 20, 1975PublishedCited by 53 opinions
1Opinion of the Court
Memorandum. The order of the Appellate Division should be affirmed.
In this action for a declaration that plaintiff is relieved of all its duties and liabilities under a policy of liability insurance issued by it to defendant Cherry covering a 1964 Ford truck, Special Term granted plaintiffs motion for summary judgment, holding that Cherry’s conviction of manslaughter in the first degree is prima facie proof of a willful act obviating the concept of accident as embodied in said policy. The Appellate Division reversed, on the law, and awarded partial summary judgment to said defendant to the…
2Cases cited4 opinions
- International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
- Lionel Freedman, Inc. v. Glens Falls InsuranceNew York Court of Appeals · 1971
3Cited by53 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- San Diego Navy Federal Credit Union v. Cumis Insurance SocietyCalifornia Court of Appeal · 1984
- Public Service Mutual Insurance v. GoldfarbNew York Court of Appeals · 1981
- Prahm v. Rupp Construction Co.Supreme Court of Minnesota · 1979
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