Legal Opinion

Fabozzi v. Lexington Insurance

Court of Appeals for the Second Circuit

Decided April 6, 2010No. Docket 09-0727-cvPublishedCited by 41 opinions

1Opinion of the Court

B.D. PARKER, JR., Circuit Judge:

Plaintiffs-appellants Paul and Annette Fabozzi appeal from a judgment of the United States District Court for the Eastern District of New York (Townes, /.). The Fabozzis had a homeowners insurance policy with Lexington Insurance Company (“Lexington”), which covered their ocean-side home on Staten Island, New York. When the house began to collapse as the result of structural damage, they filed a claim with Lexington. Twenty-six months later, Lexington denied coverage and the Fabozzis subsequently sued. Relying on a policy provision that required any suit to be…

2Cases cited19 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Lightfoot v. Union Carbide Corp.Court of Appeals for the Second Circuit · 1997
  3. Allianz Insurance Company v. Regina LernerCourt of Appeals for the Second Circuit · 2005
  4. Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
  5. Proc v. Home InsuranceNew York Court of Appeals · 1966

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3Cited by41 opinions

  1. Wachovia Bank, National Ass'n v. VCG Special Opportunities Master Fund, Ltd.Court of Appeals for the Second Circuit · 2011
  2. Lyons v. Lancer InsuranceCourt of Appeals for the Second Circuit · 2012
  3. Security Plans, Inc. v. Cuna Mutual Insurance SocietyCourt of Appeals for the Second Circuit · 2014
  4. Ophthalmic Surgeons, Ltd. v. Paychex, Inc.Court of Appeals for the First Circuit · 2011
  5. Commerzbank AG v. U.S. Bank, N.A.Court of Appeals for the Second Circuit · 2024

36 more not listed; retrieve them via the Exa API.

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