Legal Opinion
Barash v. Insurance Co. of North America
New York Supreme Court
Decided June 4, 1982PublishedCited by 25 opinions
1Opinion of the Court
OPINION OF THE COURT
Albert A. Oppido, J.
This controversy is submitted on an agreed statement of facts, pursuant to CPLR 3222. Plaintiffs brought this action to recover under a homeowner’s insurance policy for damage caused when the basement floor of their house collapsed into a void. The issue for determination is whether the loss falls within the exclusionary provisions of the policy. For reasons discussed below, the court holds that the loss was not within the exclusions to the policy.
Defendant, Insurance Company of North America (INA), had issued a comprehensive “all-risk” policy to the…
2Cases cited4 opinions
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Sincoff v. Liberty Mutual Fire InsuranceNew York Court of Appeals · 1962
- Birnbaum v. Jamestown Mutual InsuranceNew York Court of Appeals · 1948
- Graffeo v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1964
3Cited by25 opinions
- Murray v. State Farm Fire & Casualty Co.West Virginia Supreme Court · 1998
- United Nuclear Corp. v. Allendale Mutual InsuranceNew Mexico Supreme Court · 1985
- West v. Umialik Insurance Co.Alaska Supreme Court · 2000
- Nida v. State Farm Fire & Cas. Co.Louisiana Court of Appeal · 1984
- Nationwide Mutual Fire Insurance v. TomlinCourt of Appeals of Georgia · 1986
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