Legal Opinion
Winter v. Aetna Casualty & Surety Co.
New York Supreme Court
Decided September 20, 1978PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
James F. Niehoff, J.
This case presents issues which appear to be of first impression within the State of New York.
The plaintiffs, husband and wife, who own premises 136 No. 2nd Street in New Hyde Park as tenants by the entirety seek to recover the sum of $28,581.60 for damage caused to their home by fire on November 10, 1976. The defendant insurer, while admitting that it issued to the plaintiffs its policy of *498insurance No. 73 SH7482247 PGA against fire damage in the sum of $32,000, declines to pay. The basis for its refusal is set forth in three affirmative defenses…
2Cases cited6 opinions
- Monaghan v. Agricultural Fire InsuranceMichigan Supreme Court · 1884
- Jones v. Fidelity & Guaranty Ins. Corp.Court of Appeals of Texas · 1952
- Hawthorne v. HawthorneNew York Court of Appeals · 1963
- Bridges v. Commercial Standard Ins. Co.Court of Appeals of Texas · 1952
- Simon v. Security Insurance Co.Michigan Supreme Court · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hedtcke v. Sentry InsuranceWisconsin Supreme Court · 1982
- Krupp v. Aetna Life & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1984
- American Economy Insurance v. LiggettIndiana Court of Appeals · 1981
- Maravich v. Aetna Life & Casualty Co.Supreme Court of Pennsylvania · 1986
- St. Paul Fire & Marine Insurance v. MolloyCourt of Appeals of Maryland · 1981
18 more not listed; retrieve them via the Exa API.