Legal Opinion
175 East 74th Corp. v. Hartford Accident & Indemnity Co.
New York Court of Appeals
Decided December 18, 1980PublishedCited by 57 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
The question on this appeal is whether a fidelity bond is a “contract or policy insuring against liability” within the meaning of subdivision 1 of section 167 of the Insurance Law so as to permit a direct action against the insurer upon the insolvency of the insured. It is held that the bond is not such a policy and, therefore, reversal is in order.
Plaintiff, a co-operative apartment corporation, is the owner of the building at 175 East 74th Street in New York City. In 1970, plaintiff engaged Eudnick, Brett Wyckoff, Inc. (RBW), as agent to manage the…
2Cases cited7 opinions
- Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
- Brustein v. New Amsterdam Casualty Co.New York Court of Appeals · 1931
- Jackson v. Citizens Casualty Co.New York Court of Appeals · 1938
- Roth v. National Automobile Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Linton v. Perry Knitting Co.New York Court of Appeals · 1945
2 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Lynch Properties, Inc. v. Potomac InsuranceCourt of Appeals for the Fifth Circuit · 1998
- In Re: Prudential Lines Inc.Court of Appeals for the Second Circuit · 1998
- Canzona v. AtanasioAppellate Division of the Supreme Court of the State of New York · 2014
- Three Garden Village Ltd. Partnership v. United States Fidelity & Guaranty Co.Court of Appeals of Maryland · 1989
- Aetna Casualty & Surety Co. v. Kidder, Peabody & Co.Appellate Division of the Supreme Court of the State of New York · 1998
52 more not listed; retrieve them via the Exa API.