Legal Opinion

Harrigan v. Liberty Mutual Fire Insurance

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1991PublishedCited by 8 opinions

1Opinion of the CourtMikoll, J.

Appeal from an order of the Supreme Court (Harris, J.), entered July 6, 1990 in Albany County, which denied defendant’s motion for summary judgment dismissing the complaint.

This appeal presents the question whether Supreme Court properly denied defendant’s motion for summary judgment on the ground that the language of the insurance contract was ambiguous with respect to the coverage afforded for loss resulting from burglary. In our view Supreme Court erroneously decided that "a material question of fact as to the parties’ intent exists which precludes granting summary judgment”. We find no…

2Cases cited3 opinions

  1. Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
  2. State v. Home Indemnity Co.New York Court of Appeals · 1985
  3. Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1984

3Cited by8 opinions

  1. Poulton v. State Farm Fire & Casualty CompaniesNebraska Supreme Court · 2004
  2. State v. U.W. Marx, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  3. In re the Arbitration between New York Central Mutual Fire Insurance & PrehodaAppellate Division of the Supreme Court of the State of New York · 1996
  4. TAG 380 v. ComMet 380, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Belardo v. Fulmont Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2000

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