Legal Opinion

Erie Insurance Exchange v. J.M. Pereira & Sons, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 2017No. 206 CA 16-00324PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (Renee Forgensi Minarik, A.J.), entered November 12, 2015. The order, insofar as appealed from, denied plaintiff’s motion for summary judgment.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Plaintiff, Erie Insurance Exchange, commenced this action seeking a declaration that it is not obligated to defend or indemnify defendant J.M. Pereira & Sons, Inc. (JMP) in an underlying personal injury action. We conclude that Supreme Court properly denied plaintiff’s motion for summary judgment.

*1880In 2006,…

2Cases cited16 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  3. Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
  4. Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
  5. Belt Painting Corp. v. TIG InsuranceNew York Court of Appeals · 2003

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3Cited by1 opinion

  1. Erie Insurance Exchange v. J.M. Pereira & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2017

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