Legal Opinion
Cragg v. Allstate Indemnity Corp.
New York Court of Appeals
Decided June 9, 2011No. 118PublishedCited by 84 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
This appeal requires us to interpret the breadth of an exclusion in a homeowner’s insurance policy excluding coverage for bodily injury to an insured where an insured would receive “any benefit” under the policy.
Plaintiff, Eric Cragg, is the father of decedent, Kayla Margaret Rose Cragg. Three-year-old Kayla and her mother, defendant Marina Ward, lived with defendant grandparents, Gregory and Katherine Klein, in the Kleins’ Clarence, New York home. In July 2001, Kayla drowned accidentally in the Kleins’ swimming pool. At the time, the Kleins had a…
2Cases cited9 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- County of Columbia v. Continental InsuranceNew York Court of Appeals · 1994
- Mostow v. State Farm Ins. Cos.New York Court of Appeals · 1996
- Whirlpool Corp. v. ZiebertWisconsin Supreme Court · 1995
- Pioneer Tower Owners Association v. STATE FARM & CASUALTY COMPANYNew York Court of Appeals · 2009
4 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- The Burlington Insurance Company v. NYC Transit AuthorityNew York Court of Appeals · 2017
- Universal American Corp. v. National Union Fire InsuranceNew York Court of Appeals · 2015
- Dean v. Tower InsuranceNew York Court of Appeals · 2012
- The Matter of Viking Pump Inc. and Warren Pumps LLCNew York Court of Appeals · 2016
- Federal Insurance v. International Business MacHines Corp.New York Court of Appeals · 2012
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