Legal Opinion

Markevics v. Liberty Mutual Insurance

New York Court of Appeals

Decided November 15, 2001PublishedCited by 57 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs.

In this declaratory judgment action, plaintiff Alexandra Markevics claims that defendant Liberty Mutual Insurance Company must defend and indemnify Kerry O’Brien pursuant to a homeowner’s policy issued to O’Brien’s parents. The carrier disclaimed coverage based on a “business pursuits” exclusion contained in the policy. In the underlying personal injury action, Markevics alleges O’Brien served liquor to a visibly intoxicated Sandro Perez during his birthday party at O’Bie’s Bar in Yonkers. After…

2Cases cited2 opinions

  1. Zappone v. Home InsuranceNew York Court of Appeals · 1982
  2. Worcester Insurance v. BettenhauserNew York Court of Appeals · 2000

3Cited by57 opinions

  1. Hunter Roberts Construction Group, LLC v. Arch InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  2. Moore v. EwingAppellate Division of the Supreme Court of the State of New York · 2004
  3. Hargob Realty Associates, Inc. v. Fireman's Fund InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  4. City of New York v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  5. Zaccari v. Progressive Northwestern InsuranceAppellate Division of the Supreme Court of the State of New York · 2006

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