Legal Opinion

United States & Fidelity Guaranty Co. v. Copfer

New York Court of Appeals

Decided November 29, 1979PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in its memorandum decision.

We agree that the insurer breached its contractual duty to defend and indemnify the insured and thus may be held liable for the expenses the insured incurred in providing for his own defense (International Paper Co. v Continental Cas. Co., 35 NY2d 322). Additionally, the insurer may be required to reimburse the insured, up to the coverage limits in the insurance policy, for any judgment the insured is in turn required to pay as a result of the…

2Cases cited5 opinions

  1. International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
  2. Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
  3. Kulak v. Nationwide Mutual InsuranceNew York Court of Appeals · 1976
  4. St. Paul Fire & Marine Insurance v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1978
  5. Decker v. Amalgamated Mutual Casualty InsuranceNew York Court of Appeals · 1974

3Cited by34 opinions

  1. Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
  2. Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
  3. Aetna Casualty & Surety Co. v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  4. DiBlasi v. Aetna Life & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
  5. Soto v. State Farm InsuranceNew York Court of Appeals · 1994

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