Legal Opinion
McCabe v. St. Paul Fire & Marine Insurance
New York Supreme Court
Decided August 19, 2009PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Patrick H. NeMoyer, J.
The Underlying Malpractice Action
Plaintiffs Amy and Thomas McCabe were the owners of a residence that was totally destroyed by fire on December 30, 2003. Plaintiffs retained attorney David E. Fretz to handle their fire loss claim under their homeowner’s policy. During the course of that representation, Fretz began to suffer from severe depression and thus became unable to handle his own, let alone plaintiffs’, business and legal affairs. As a consequence of Fretz’ neglect of their insurance claim, plaintiffs lost their ability to recover on that…
2Cases cited20 opinions
- General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
- Lauritano v. American Fidelity Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
- Lauritano v. American Fidelity Fire InsuranceNew York Court of Appeals · 1958
- Jenkins v. BurgosAppellate Division of the Supreme Court of the State of New York · 1984
- 2540 Associates, Inc. v. Assicurazioni Generali, S.p.A.Appellate Division of the Supreme Court of the State of New York · 2000
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3Cited by2 opinions
- McCabe v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- McCabe v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 2010