Legal Opinion
Town of Massena v. Healthcare Underwriters Mutual Insurance
New York Court of Appeals
Decided September 17, 2002PublishedCited by 130 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issue here is whether the defendant insurers have a duty to defend Massena Memorial Hospital and related litigants in an underlying federal lawsuit. We conclude that one insurer has a duty to defend, and we, therefore, modify the order of the Appellate Division.
Olof Franzon is a duly licensed physician and the sole shareholder in his practice, Women’s Medical & Surgical Health Care, P.C. Franzon and Women’s Medical brought the underlying federal action for damages against Massena Memorial Hospital, its Board of Managers, its Medical Executive Committee and a…
2Cases cited16 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Liberman v. GelsteinNew York Court of Appeals · 1992
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Foster v. ChurchillNew York Court of Appeals · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by130 opinions
- BP Air Conditioning Corp. v. One Beacon Insurance GroupNew York Court of Appeals · 2007
- Tannerite Sports, LLC v. NBCUniversal News GroupCourt of Appeals for the Second Circuit · 2017
- St. Paul Fire & Marine Insurance v. Universal Builders SupplyCourt of Appeals for the Second Circuit · 2005
- Fieldston Property Owners Ass'n v. Hermitage InsuranceNew York Court of Appeals · 2011
- J.P. Morgan Securities Inc. v. Vigilant InsuranceNew York Court of Appeals · 2013
125 more not listed; retrieve them via the Exa API.