Legal Opinion
New York Central Mutual Fire Insurance v. Kilmurray
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 1992PublishedCited by 4 opinions
1Opinion of the Court
*41OPINION OF THE COURT
Casey, J.
Defendant Michael Kilmurray and his parents (hereinafter collectively referred to as the insureds) are the insureds under a homeowner’s policy issued by plaintiff. As the result of an October 1988 altercation at The Caboose bar in Chautauqua County, defendant George J. Czapko, Jr. commenced a tort action against Kilmurray in January 1991. The summons and complaint were forwarded to plaintiff, and plaintiff denied coverage because of inadequate and untimely notice.
This action for a declaratory judgment was commenced by plaintiff against the insureds and Czapko,…
2Cases cited4 opinions
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Green v. Santa Fe Industries, Inc.New York Court of Appeals · 1987
- Hodes v. AxelrodNew York Court of Appeals · 1987
- Argonaut Insurance v. Occidental Petroleum Corp.New York Supreme Court · 1980
3Cited by4 opinions
- Spinex Laboratories, Inc. v. Empire Blue Cross & Blue ShieldAppellate Division of the Supreme Court of the State of New York · 1995
- Arida v. Essex InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- Oest v. Excelsior Insurance National-Nederlanden North American Property & Casualty GroupAppellate Terms of the Supreme Court of New York · 1996
- Vanguard Insurance v. LearyAppellate Division of the Supreme Court of the State of New York · 1997