Legal Opinion
Francis v. D & W Saratoga, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 2008PublishedCited by 5 opinions
1Opinion of the Court
*598The appellant failed to make a prima facie showing that a claim made by the defendant D & W Saratoga, Inc. (hereinafter D & W), under a title insurance policy it issued to D & W was not covered under the policy. Accordingly, the Supreme Court properly denied the appellant’s motion for summary judgment dismissing D & W’s cross claims against it and, upon reargument, properly adhered to that determination.
The Supreme Court also properly determined that the appellant is obligated to defend D & W in the instant action under the terms of the title insurance policy. “[A]n insurer’s duty to defend…
2Cases cited5 opinions
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Automobile Insurance v. CookNew York Court of Appeals · 2006
- Allstate Insurance v. ZukNew York Court of Appeals · 1991
- Citibank, N. A. v. Commonwealth Land Title InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- U.S. Bank National Ass'n v. Stewart Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by5 opinions
- Melamed v. First Am. Tit. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Ashley Homes of Long Island, Inc. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2009
- Ash Dev., LLC v. Fidelity Natl. Title Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2026
- Countrywide Home Loans, Inc. v. United General Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2013
- Countrywide Home Loans, Inc. v. United General Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2013