Legal Opinion

American Manufacturers Mutual Insurance v. CMA Enterprises., Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1998PublishedCited by 22 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Charles Ramos, J.), entered December 18, 1996, declaring that defendant-respondent insurer Pacific Insurance Company has no duty to defend or indemnify plaintiffs in the underlying action, unanimously affirmed, with costs.

Plaintiffs’ first notice to Pacific Insurance Company of the underlying claim was given in their summons and complaint in this declaratory judgment action, served nine months after the commencement of the underlying action and two years after plaintiffs first learned of the property damage asserted in the underlying action, a delay…

2Cases cited4 opinions

  1. Medical Malpractice Insurance v. CuomoNew York Court of Appeals · 1989
  2. Heydt Contracting Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1989
  3. Thomson v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  4. Holmes v. Morgan Guaranty & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by22 opinions

  1. Travelers Insurance v. Volmar Construction Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Magen v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  3. United States Underwriters Ins. v. Kum Gang Inc.District Court, E.D. New York · 2006
  4. Gregory Webster v. Mount Vernon Fire Insurance CompanyCourt of Appeals for the Second Circuit · 2004
  5. City of New York v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 2005

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