Legal Opinion
The Burlington Insurance Company v. NYC Transit Authority
New York Court of Appeals
Decided June 6, 2017No. 57PublishedCited by 122 opinions
1Opinion of the Court
*317OPINION OF THE COURT
Rivera, J.
We conclude that where an insurance policy is restricted to liability for any bodily injury “caused, in whole or in part,” by the “acts or omissions” of the named insured, the coverage applies to injury proximately caused by the named insured. The Appellate Division erroneously interpreted this policy language as extending coverage broadly to any injury causally linked to the named insured, and wrongly concluded that an additional insured may collect for an injury caused solely by its own negligence, even where the named insured bears no legal fault for the…
2Cases cited19 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Utica National Insurance Co. of Texas v. American Indemnity Co.Texas Supreme Court · 2004
- White v. Continental Casualty Co.New York Court of Appeals · 2007
14 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- American Guarantee & Liability Insurance Co. v. Norfolk Southern Railway Co.District Court, E.D. Tennessee · 2017
- Chigirinskiy v. PanchenkovaDistrict Court, S.D. Illinois · 2018
- Black & Veatch Corporation v. Aspen InsuranceCourt of Appeals for the Tenth Circuit · 2018
- U.S. Underwriters Ins. Co. v. Image By J&K, LLCDistrict Court, E.D. New York · 2018
- Aspen Specialty Ins. Co. v. RLI Ins. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
117 more not listed; retrieve them via the Exa API.