Guberman v. William Penn Life Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J.
An insurer’s assertion of one basis for disclaiming liability under a life insurance contract may give rise to an estoppel against its later assertion of different defenses to liability. Such an estoppel will arise, however, only if (1) the insurer knew of the different grounds for disclaiming liability, and yet omitted any reference to them in its original notice of disclaimer, and (2) the insured was prejudiced by such omission. Since we find that there are issues of fact as to whether an estoppel should be imposed against the defendant insurance company in…
2Cases cited40 opinions
- Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
- General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
- Allstate Insurance v. GrossNew York Court of Appeals · 1970
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- O'Dowd v. American Surety Co.New York Court of Appeals · 1957
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3Cited by25 opinions
- Best Place, Inc. v. Penn America Insurance Co.Hawaii Supreme Court · 1996
- New York v. AMRO Realty Corp.Court of Appeals for the Second Circuit · 1991
- State of New York v. Amro Realty Corporation Harry Moskowitz and David Moskowitz, Defendants-Third-Party v. Zurich Insurance Company Graphic Arts Mutual Insurance Company Federal Insurance Company and Home Insurance Company, Third-Party Atlantic Mutual Insurance Company Unigard Security Insurance Company Lumbermens Mutual Casualty Company and First State Insurance Company, Third-PartyCourt of Appeals for the First Circuit · 1991
- Herbil Holding Co. v. Commonwealth Land Title InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- Endemann v. Liberty Ins. Corp.District Court, N.D. New York · 2019
20 more not listed; retrieve them via the Exa API.