Legal Opinion

Soper v. Fidelity & Casualty Co.

New York Supreme Court

Decided January 3, 1951PublishedCited by 10 opinions

1Opinion of the CourtBookstein, J.

Defendant moves for summary judgment dismissing the complaint in this action to recover the expense incurred by plaintiff in the successful defense of an action for assault brought against him by one John J. Benson, which action defendant refused to defend on the ground that the policy issued by it did not require it to do so.

The policy in question insures plaintiff against liability for personal injuries sustained by any person caused by accident arising out of the ownership, operation and maintenance by the plaintiff of the premises therein described. By another pro*1118vision of the policy,…

2Cases cited6 opinions

  1. Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
  2. Grand Union Co. v. General Accident, Fire & Life Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1938
  3. Grand Union Co. v. General Accident, Fire & Life Assurance Corp.New York Court of Appeals · 1938
  4. Plumbing v. Merchants Mutual Casualty Co.City of New York Municipal Court · 1949
  5. Lee v. ætna Casualty & Surety Co.District Court, S.D. New York · 1949

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Green Bus Lines, Inc. v. Consolidated Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
  2. Travelers Insurance Company v. NewsomCourt of Appeals of Texas · 1961
  3. Maryland Casualty Company v. KnorppCourt of Appeals of Texas · 1963
  4. Fitzsimmons v. United States Fire InsuranceNew York Supreme Court · 1959
  5. Spatz v. Ætna Casualty & Surety Co.New York Supreme Court · 1962

5 more not listed; retrieve them via the Exa API.

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