Legal Opinion

Brunswick Realty Co. v. Frankfort Insurance

New York Supreme Court

Decided April 15, 1917PublishedCited by 12 opinions

Motion for judgment upon the pleadings.

1Opinion of the CourtGreenbaum, J.

Defendant moves for judgment upon the pleadings upon the ground that the com*640plaint is insufficient upon its face. The gravaman of the complaint is that the defendant refused to consent to settle and adjust a claim, in violation of its implied obligation to exercise good faith and fair dealing with the plaintiff under its contract or policy to indemnify the latter against any loss or expense which it might sustain on account of personal injury to any person during the period fixed in the policy. The complaint alleges in detail the terms of a contract or policy of insurance issued by defendant,…

2Cases cited5 opinions

  1. Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
  2. Wisconsin Zinc Co. v. Fidelity & Deposit Co. of MarylandWisconsin Supreme Court · 1916
  3. McAleenan v. . Massachusetts Bonding and Insurance Co.New York Court of Appeals · 1916
  4. McAleenan v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1916
  5. Schencke Piano Company v. . Philadelphia Casualty CompanyNew York Court of Appeals · 1915

3Cited by12 opinions

  1. Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
  2. Marion J. Brown and Allen Brown v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Second Circuit · 1963
  3. Cohen v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1978
  4. Groben v. Travelers Indemnity Co.New York Supreme Court · 1965
  5. Colbert v. Home Indemnity Co.New York Supreme Court · 1965

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