Continental Insurance v. Transport Insurance Co. of Transport Group
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGoldman, J.
Defendants Transport Insurance Company (Transport) and Hall’s Motor Transit Company (Hall’s) appeal from a denial of their motion for summary judgment in a declaratory judgment action commenced by plaintiff Continental Insurance Companies (Continental).
One Howard Smith, a truck driver employed by Hall’s, was injured on June 12, 1970 on the premises of the Eaton Corporation while Eaton employees were loading Eaton’s goods onto a Hall’s truck which Smith was to drive to some destination. Smith commenced an action against Eaton in Federal court for personal injuries, alleging in his complaint…
2Cases cited15 opinions
- Thomas J. Lipton, Inc. v. Liberty Mutual InsuranceNew York Court of Appeals · 1974
- Wagman v. American Fidelity & Casualty Co.New York Court of Appeals · 1952
- Brustein v. New Amsterdam Casualty Co.New York Court of Appeals · 1931
- Breen v. Cunard Lines Steamship Co.New York Court of Appeals · 1974
- Standard Surety & Casualty Co. v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1953
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3Cited by5 opinions
- Janet R. Johnson, Trustee v. United States Fire Insurance Company, Milgo Industrial, Inc. v. United States Fire Insurance Company, and Janet R. Johnson, Trustee, Plaintiff-Appellant-AppelleeCourt of Appeals for the Eighth Circuit · 1978
- Utica Mutual Insurance v. Prudential Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Argentina v. Emery World Wide Delivery Corp.Court of Appeals for the Second Circuit · 1998
- Johnson v. United States Fire InsuranceCourt of Appeals for the Eighth Circuit · 1978
- In re the Rehabilitation of Empire Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1982