Legal Opinion

Continental Insurance v. Colangione

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

Decided January 31, 1985PublishedCited by 16 opinions

1Opinion of the Court

— Cross appeals from an order of the Supreme Court, entered February 21, 1984 in Rensselaer County, which set aside a jury verdict in favor of plaintiff rendered at Trial Term (Connor, J.), and granted a new trial.

The essential facts underlying this appeal appear in our prior disposition (94 AD2d 916), wherein it was concluded that plaintiff’s duty to defend and insure defendants against a third-party property damage claim involved “open factual questions” as to whether there was an “occurrence” bringing the third-party action within the coverage of the general liability policy of defendant…

2Cases cited5 opinions

  1. McGroarty v. Great American InsuranceNew York Court of Appeals · 1975
  2. Allstate Insurance v. Klock Oil Co.Appellate Division of the Supreme Court of the State of New York · 1980
  3. Mary & Alice Ford Nursing Home Co. v. Fireman's Insurance of NewarkAppellate Division of the Supreme Court of the State of New York · 1982
  4. Mary & Alice Ford Nursing Home Co., Inc. v. Fireman's Ins. Co. of Newark, New JerseyNew York Court of Appeals · 1982
  5. Continental Insurance v. ColangioneAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by16 opinions

  1. Allstate Insurance v. ZukNew York Court of Appeals · 1991
  2. City of Johnstown, New York v. Bankers Standard Insurance Company, Pacific Employers Insurance CompanyCourt of Appeals for the Second Circuit · 1989
  3. Brooklyn Center for Psychotherapy, Inc. v. Philadelphia IndemnityCourt of Appeals for the Second Circuit · 2020
  4. Munzer v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
  5. Brooklyn Law School v. The Aetna Casualty and Surety Company and Aetna Life & Casualty, DefendantsCourt of Appeals for the Second Circuit · 1988

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