Legal Opinion
Varda, Inc. v. Insurance Co. of North America
District Court, S.D. New York
Decided December 6, 1988No. 85 Civ. 8133 (JES)PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
SPRIZZO, District Judge.
Plaintiff Varda, Inc. brings this action to recover for breach of an insurance contract. Defendant Insurance Company of North America has moved for summary judgment. Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332(a)(1), and the parties agree that New York law is controlling. For the reasons set forth below, defendant’s motion is denied.
BACKGROUND
The following facts, except as noted, are undisputed.
Defendant issued an insurance policy to plaintiff which included protection for losses due to burglary. See Affidavit of Ezra Omri…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1981
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3Cited by4 opinions
- Varda, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 1995
- Weintraub v. Great Northern Insurance CompanyDistrict Court, S.D. New York · 2021
- Weintraub v. Great Northern Insurance CompanyDistrict Court, S.D. New York · 2022
- Weintraub v. Great Northern Insurance CompanyDistrict Court, S.D. New York · 2022