Legal Opinion
Servidone Construction Corp. v. Security Insurance
New York Court of Appeals
Decided March 26, 1985PublishedCited by 269 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
Where an insurer breaches a contractual duty to defend its insured in a personal injury action, and the insured thereafter concludes a reasonable settlement with the injured party, is the insurer liable to indemnify the insured even if coverage is disputed? While disagreeing with the court below that the insurer must indemnify the insured irrespective of actual coverage, we hold that the burden is on the insurer to establish that the loss was not covered by the policy.
*422On March 14, 1972, during construction on a Government flood control project in New Jersey, John…
2Cases cited12 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
- Spoor-Lasher Co., Inc. v. Aetna Cas. & Sur. Co.New York Court of Appeals · 1976
7 more not listed; retrieve them via the Exa API.
3Cited by269 opinions
- Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Maury A. Ryan, D/B/A Ryan, Klimek, Ryan Partnership v. Royal Insurance Company of America, Etc.Court of Appeals for the First Circuit · 1990
- Allianz Insurance Company v. Regina LernerCourt of Appeals for the Second Circuit · 2005
264 more not listed; retrieve them via the Exa API.