Legal Opinion
Statt v. American Home Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 12, 1993No. Appeal No. 1PublishedCited by 4 opinions
1Opinion of the Court
—Judgment unanimously modified on the law and as *963modified affirmed without costs in accordance with the following Memorandum: This declaratory judgment action is premature. The extent of defendant American Home Assurance Company’s (Home) duty to indemnify must necessarily depend on the resolution of an issue that, if it arises, will be decided in the underlying action (see, Hout v Coffman, 126 AD2d 973; Allstate Ins. Co. v Santiago, 98 AD2d 608). Thus, the complaint against Home must be dismissed.
Supreme Court did not abuse its discretion in denying Home’s application for an award of costs,…
2Cases cited2 opinions
- Allstate Insurance v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1983
- Hout v. CoffmanAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by4 opinions
- American Home Assurance Co. v. McDonaldNew York Supreme Court · 1999
- Rojas v. RomanoffAppellate Division of the Supreme Court of the State of New York · 2020
- Rojas v. RomanoffAppellate Division of the Supreme Court of the State of New York · 2020
- Penguin Air Conditioning Corp. v. Travelers Indemnity CompanyDistrict Court, S.D. New York · 2021