Legal Opinion
Mark A. Varrichio and Associates, Mark A. Varrichio, Individually v. Chicago Insurance Company
Court of Appeals for the Second Circuit
Decided November 14, 2002No. 02-7002PublishedCited by 17 opinions
1Opinion of the Court
CALABRESI, Circuit Judge.
Plaintiffs Mark A. Varrichio and Associates and Mark A. Varrichio (“Varrichio”) appeal from an order by the United States District Court for the Southern District of New York (Carter, J.) granting summary judgment to the defendant, Chicago Insurance Company (“Chicago”). The district court concluded that New York law does not require an insurer to show prejudice before denying coverage for failure to comply with a notification of suit provision. We believe that a recent decision by the New York Court of Appeals casts doubt on whether New York’s no-prejudice rule…
2Cases cited8 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Jane M. Booking v. General Star Management Company and General Star Indemnity CompanyCourt of Appeals for the Second Circuit · 2001
- Unigard Security Insurance v. North River InsuranceNew York Court of Appeals · 1992
- In Re the Arbitration Between Brandon & Nationwide Mutual InsuranceNew York Court of Appeals · 2002
- Axa Marine And Aviation Insurance (Uk) Limited v. Seajet Industries Inc.Court of Appeals for the Second Circuit · 1996
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rekemeyer v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2005
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris USA Inc.Court of Appeals for the Second Circuit · 2003
- State Farm Mutual Automobile Insurance v. MallelaCourt of Appeals for the Second Circuit · 2004
- State Farm Mutual Automobile Insurance Co. v. Robert MallelaCourt of Appeals for the First Circuit · 2004
- Blue Cross And Blue Shield Of New Jersey, Inc. v. Philip Morris Usa Inc.Court of Appeals for the First Circuit · 2003
12 more not listed; retrieve them via the Exa API.