Legal Opinion

Generali-U.S. Branch v. Caribe Realty Corp.

New York Supreme Court

Decided April 13, 1994PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Joan B. Lobis, J.

Plaintiff Generali-U.S. Branch (Generali) has commenced the present action for a declaratory judgment against its insured. It seeks a declaration that it has no duty under the commercial general liability policy it issued to the insured to defend or indemnify an action for damages against the insured arising out of the lead poisoning of a child on property owned by the insured. Generali has brought the present *1058motion for summary judgment on the grounds that there was no "occurrence” within the period of time in which it provided insurance and that the…

2Cases cited4 opinions

  1. Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
  2. Atlantic Mutual Insurance v. McFaddenMassachusetts Supreme Judicial Court · 1992
  3. Oates v. StateNew York Court of Claims · 1993
  4. Continental Casualty Co. v. Rapid-American Corp.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by22 opinions

  1. American States Insurance v. KolomsIllinois Supreme Court · 1997
  2. Sullins v. Allstate InsuranceCourt of Appeals of Maryland · 1995
  3. Peace Ex Rel. Lerner v. Northwestern National InsuranceWisconsin Supreme Court · 1999
  4. Porterfield v. Audubon Indem. Co.Supreme Court of Alabama · 2002
  5. Weaver v. Royal Insurance Co. of AmericaSupreme Court of New Hampshire · 1996

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