Legal Opinion
Zappone v. Home Insurance
New York Court of Appeals
Decided February 18, 1982PublishedCited by 330 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
The principle, declared in Schiff Assoc. v Flack (51 NY2d 692), that the failure to disclaim coverage does not create coverage which the policy was not written to provide, applies to liability policies as well as professional indemnity insurance, notwithstanding the provisions of subdivision 8 of section 167 of the Insurance Law. The words “deny coverage” in that subdivision refer to denial of liability predicated upon an exclusion set forth in a policy which, without the exclusion, would provide coverage ’ for the liability in question. It does not encompass…
2Cases cited18 opinions
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
- Allstate Insurance v. GrossNew York Court of Appeals · 1970
- New York State Bankers Ass'n v. AlbrightNew York Court of Appeals · 1975
- Matter of MeyerNew York Court of Appeals · 1913
13 more not listed; retrieve them via the Exa API.
3Cited by330 opinions
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- Worcester Insurance v. BettenhauserNew York Court of Appeals · 2000
- Colon v. Aetna Life & Casualty InsuranceNew York Court of Appeals · 1985
325 more not listed; retrieve them via the Exa API.