Legal Opinion
Frederick J. Platek v. Town of Hamberg / Allstate Indemnity Company
New York Court of Appeals
Decided February 19, 2015No. 21PublishedCited by 40 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
On September 7, 2010, a subsurface water main abutting the property of plaintiffs Frederick J. and Mary E. Platek ruptured, causing water to flood into and severely damage their home’s finished basement. Plaintiffs immediately made a claim under their homeowners’ insurance policy, which was issued by defendant Allstate Indemnity Company. The insuring agreement excludes property damage caused by water, with an exception for certain sudden and accidental direct physical losses; specifically, the section entitled “Losses We Do Not Cover Under Coverages A [Dwelling1…
2Cases cited13 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Fiess v. State Farm LloydsTexas Supreme Court · 2006
- Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
- Northville Industries Corp. v. National Union Fire InsuranceNew York Court of Appeals · 1997
- TMW Enterprises, Inc. v. Federal InsuranceCourt of Appeals for the Sixth Circuit · 2010
8 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Lend Lease (US) Construction LMB Inc. v. Zurich American Insurance CompanyNew York Court of Appeals · 2017
- Lend Lease (US) Construction LMB Inc. v. Zurich American InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
- Lantheus Medical Imaging, Inc. v. Zurich American Ins. Co.District Court, S.D. New York · 2015
- National Railroad Passenger Corp. v. Arch Specialty InsuranceDistrict Court, S.D. New York · 2015
- Contant v. AMA Cap., LLCCourt of Appeals for the Second Circuit · 2023
35 more not listed; retrieve them via the Exa API.