Legal Opinion
James & Charles Dimino Wholesale Seafood, Inc. v. Royal Insurance
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1997PublishedCited by 6 opinions
1Opinion of the Court
—In an action to recover insurance proceeds under a comprehensive business liability insurance policy, the defendant appeals from so much of an order of the Supreme Court, Kings County (Vinik, J.), dated April 16, 1996, as denied its motion to dismiss the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant contends that the Supreme Court erred in denying its motion to dismiss the action because its insured breached the terms of the policy by failing to fully cooperate in the investigation of its claim. We disagree. In order to prevail upon a defense…
2Cases cited5 opinions
- Pogo Holding Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1979
- Avarello v. State Farm & Casualty CompanyAppellate Division of the Supreme Court of the State of New York · 1994
- Yerushalmi v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Marmorato v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- R & L Realty Development v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
- New York Central Mutual Fire Insurance v. RafailovaAppellate Division of the Supreme Court of the State of New York · 2007
- DeLuca v. RLI Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2020
- Emigrant Mortgage Co. v. Washington Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- Jahangir v. Tri-State Consumer Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2020
- Rudolph v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
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