Legal Opinion
Feliberty v. Damon
New York Court of Appeals
Decided July 6, 1988PublishedCited by 80 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
This appeal, in an action by an insured against his insurer, concerns two issues relating to an insurer’s duty to defend litigation brought by a third party against the insured: first, settlement of the litigation by the insurer, and second, responsibility for malpractice of counsel retained for the insured. As to both, we conclude that on this record the complaint against the insurer was correctly dismissed.
On April 26, 1977, plaintiff — Mario Feliberty — a Buffalo physician, for the first time was consulted by Thomas Michaels. Michaels, an ironworker, complained…
2Cases cited9 opinions
- Kavanaugh v. NussbaumNew York Court of Appeals · 1988
- Continental Insurance Co. v. Bayless & Roberts, Inc.Alaska Supreme Court · 1980
- American Employers Insurance v. Goble Aircraft Specialties, Inc.New York Supreme Court · 1954
- Knobloch v. Royal Globe InsuranceNew York Court of Appeals · 1976
- Cornwell v. Safeco Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Kleeman v. RheingoldNew York Court of Appeals · 1993
- Herbert A. Sullivan, Inc. v. Utica Mutual InsuranceMassachusetts Supreme Judicial Court · 2003
- Mondello v. New York Blood CenterNew York Court of Appeals · 1992
- Chainani v. Board of EducationNew York Court of Appeals · 1995
- Baldasarre v. ButlerSupreme Court of New Jersey · 1993
75 more not listed; retrieve them via the Exa API.