Legal Opinion · Concurrence
Commerce & Industry Insurance v. Nester
Appellate Division of the Supreme Court of the State of New York
Decided August 12, 1996Published
1Concurrence
Balletta, J. P.,
concurs in the result only, with the following memorandum: concur in the decision to dismiss the appeal on constraint of Matter of Beagle (MVAIC) (19 NY2d 834) and related cases (see, e.g., Matter of State Farm Mut. Auto. Ins. Co. v Blumen, 221 AD2d 548; Matter of Nationwide Mut. Ins. Co. v Rothbart, 220 AD2d 509).
However, in view of the fact that there exists another line of cases which stand for the general rule that coverage cannot be created by estoppel (see, e.g., Zappone v Home Ins. Co., 55 NY2d 131; Matter of Fireman’s Fund Ins. Co. v Freda, 156 AD2d 364), that rule…
2Cases cited5 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Fireman's Fund Insurance v. FredaAppellate Division of the Supreme Court of the State of New York · 1989
- In Re the Arbitration Between Beagle & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1967
- Nationwide Mutual Insurance v. RothbartAppellate Division of the Supreme Court of the State of New York · 1995
- State Farm Mutual Automobile Insurance Company v. BlumenAppellate Division of the Supreme Court of the State of New York · 1995