Legal Opinion

Commercial Pipe & Supply Corp. v. Allstate Insurance

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

Decided May 20, 1971PublishedCited by 24 opinions

1Opinion of the CourtHenry, J.

Plaintiff appeals from a summary judgment dismissing its complaint in an action to recover the expenses of defending a personal injury action which plaintiff claims defendant was obligated to defend by the terms of defendant’s liability policy covering the tractor-trailer which was being unloaded when the personal injuries were sustained.

On January 23, 1961, one Huff was injured while unloading a shipment of steel pipes from his tractor-trailer which had been leased by him to defendant’s named insured, Schreiber Trucking Corporation. The shipment was intended for delivery to plaintiff, but by…

2Cases cited3 opinions

  1. Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
  2. Brooklyn & Queens Allied Oil Burner Service Co. v. Security Mutual InsuranceNew York Supreme Court · 1960
  3. Cohen v. JacobyNew York Supreme Court · 1960

3Cited by24 opinions

  1. Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
  2. New York v. BlankCourt of Appeals for the Second Circuit · 1994
  3. American Home Assurance Co. v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1979
  4. State of New York v. Walter T. Blank and Abalene Pest Control Service, Inc., and Orkin Exterminating Company, Inc., Walter T. Blank and Abalene Pest Control Service, Inc., Third-Party v. New York State Department of Environmental Conservation, New England Marine Contractors, Inc., Third-Party National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Capital Mutual Insurance Co., Third-Party Capital Mutual Insurance Co., Fourth-Party Plaintiff-Appellee-Cross-Appellant v. New York Mutual Underwriters, Commercial Mutual Insurance Company, Formerly Known as Cooperative Fire Insurance Company of Catskill, New York, Security Mutual Fire Insurance Company, and Sterling Insurance Company, Fourth-Party Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 1994
  5. Green Bus Lines, Inc. v. Consolidated Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1980

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