Legal Opinion · Dissent

Hartford Insurance Group v. Rubinshteyn

New York Court of Appeals

Decided October 22, 1985Published

1DissentTitone, J.

In this declaratory judgment action, the majority holds that an insurance carrier, which issued a standard garage liability policy, must defend and indemnify a garage against litigation arising from the alleged negligent operation of a vehicle that the garage had previously sold. Because the plain language of the policy explicitly excludes coverage in the present circumstances and the majority holding, which rests solely upon dicta taken out of context from an inapposite authority, will have mischievous consequences beyond the parameters of this case, I dissent.

The underlying facts, which are…

2Cases cited24 opinions

  1. Government Employees Insurance v. KliglerNew York Court of Appeals · 1977
  2. Naso v. LafataNew York Court of Appeals · 1958
  3. Switzer v. AldrichNew York Court of Appeals · 1954
  4. Automobile Underwriters, Inc. v. HitchIndiana Court of Appeals · 1976
  5. Dairylea Cooperative, Inc. v. RossalNew York Court of Appeals · 1984

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