Physical Culture Hotel, Inc. v. Travelers Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order reversed on the law, with $10 costs and disbursements, and motion denied, without costs. Memorandum: We reach the conclusion that this complaint sufficiently alleges a cause of action for failure to defend an action brought by one Murray against this plaintiff, defendant’s assured. While a copy of the complaint in the Murray action is not annexed to plaintiff’s complaint herein, enough is alleged in the present pleading to show that Murray sought damages against this plaintiff for accidental injuries resulting in tuberculosis. The obligation of the insurer was determined by the…
2Cases cited17 opinions
- Matter of Connelly v. Hunt Furniture Co.New York Court of Appeals · 1925
- Grand Union Co. v. General Accident, Fire & Life Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Grand Union Co. v. General Accident, Fire & Life Assurance Corp.New York Court of Appeals · 1938
- Jackson v. Employers' Liability Assurance Corp.New York Supreme Court · 1931
- Jackson v. Employers' Liability Assurance Corp.New York Court of Appeals · 1932
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3Cited by4 opinions
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- New Amsterdam Casualty Co. v. KirschenbaumNew York Supreme Court · 1948
- Public Service Mutual Insurance v. Hudson Properties, Inc.New York Supreme Court · 1959
- Spatz v. Ætna Casualty & Surety Co.New York Supreme Court · 1962