Legal Opinion
St. Paul Fire & Marine Insurance v. United States Fidelity & Guaranty Co.
New York Court of Appeals
Decided March 21, 1978PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Although an insurance company in exclusive control of its insureds’ defense cannot be compelled to concede liability and settle a questionable claim before proof has been developed on all sides (e.g., Knoblock v Royal Globe Ins. Co., 38 NY2d 471), the defendant in this case refused to settle a claim in excess of its policy limits after liability had already been determined solely on factual issues by a jury (see Di Tomasso v Brookhattan Utilities, 40 AD2d 989, mot for lv to app den 32 NY2d 609).…
2Cases cited5 opinions
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Kulak v. Nationwide Mutual InsuranceNew York Court of Appeals · 1976
- Knobloch v. Royal Globe InsuranceNew York Court of Appeals · 1976
- Decker v. Amalgamated Mutual Casualty InsuranceNew York Court of Appeals · 1974
- Di Tommaso v. Brookhattan Utilities, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
3Cited by30 opinions
- Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
- Christiania General Insurance Corporation of New York v. Great American Insurance CompanyCourt of Appeals for the Second Circuit · 1992
- Schwartz v. Liberty Mutual InsuranceCourt of Appeals for the Second Circuit · 2008
- Hartford Accident & Indemnity Co. v. Michigan Mutual InsuranceNew York Court of Appeals · 1984
- Hartford Accident & Indemnity Co. v. Michigan Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
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