Legal Opinion

Aetna Casualty & Surety Co. v. Lumbermens Mutual Casualty Co.

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

Decided April 8, 1988PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Boomer, J.

Both Aetna Casualty and Surety Company, plaintiff, and Lumbermens Mutual Casualty Company, defendant, insured *247John W. Cowper Company, which had contracted to construct a building for the Jewish Federation Housing Development Fund. The general liability policy issued by Aetna Casualty and Surety Company contained an endorsement providing coverage for liability based on contractual indemnity, but excluded coverage for liability based on common-law indemnity. The policy issued by Lumbermens Mutual Casualty Company provided coverage for liability arising from…

2Cases cited3 opinions

  1. O'Dowd v. American Surety Co.New York Court of Appeals · 1957
  2. Modern Scaffold Co. v. Karell Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1967
  3. Employers Insurance v. General Accident, Fire & Life Assurance Corp.New York Supreme Court · 1987

3Cited by17 opinions

  1. Federated Mutual Insurance v. Grapevine Excavation Inc.Court of Appeals for the Fifth Circuit · 1999
  2. Federated Mutual Insurance Company v. Grapevine Excavation Inc., Grapevine Excavation Inc., - Third Party v. Maryland Lloyds, a Lloyds Insurance Company, Third PartyCourt of Appeals for the Third Circuit · 2000
  3. Hawthorne v. South Bronx Community Corp.New York Court of Appeals · 1991
  4. General Accident Insurance v. United States Fidelity & Guarantee InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
  5. Carolina Casualty Insurance v. Nanodetex CorporationCourt of Appeals for the Tenth Circuit · 2013

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