Schwartz v. S. Lipkin & Son, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Titone, J. P.
In this negligence action to recover damages for personal injuries, defendant-third-party plaintiff appeals from so much *142of an order of the Supreme Court, Nassau County, as dismissed the third-party complaint.
The question on appeal is whether an insurance carrier, which is exempt from providing coverage to a plaintiff’s culpable insured spouse under subdivision 3 of section 167 of the Insurance Law, may maintain a cross claim for indemnification against the insured spouse, in the right of a vicariously liable coinsured.
The facts are not in dispute. On November…
2Cases cited8 opinions
- State Farm Mutual Automobile Insurance v. WestlakeNew York Court of Appeals · 1974
- Mauro v. McCrindleAppellate Division of the Supreme Court of the State of New York · 1979
- Krause v. American Guarantee & Liability InsuranceNew York Court of Appeals · 1968
- Traub v. DinzlerNew York Court of Appeals · 1955
- Employers' Liability Assurance Corp. v. ArestyAppellate Division of the Supreme Court of the State of New York · 1960
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smith v. Hooker Chemical & Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Suba v. State Farm Fire and Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Government Employees Insurance v. PaganoAppellate Division of the Supreme Court of the State of New York · 1998
- General Accident Insurance v. ElbaumAppellate Division of the Supreme Court of the State of New York · 1997
- Phillips v. General Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
6 more not listed; retrieve them via the Exa API.