Legal Opinion
Dean v. Tower Insurance
New York Court of Appeals
Decided October 25, 2012PublishedCited by 91 opinions
1Opinion of the Court
*707OPINION OF THE COURT
Ciparick, J.
This appeal requires us to determine whether the term “residence premises” in an insurance contract is ambiguous where an insured purchased a homeowners’ policy in advance of a closing but was unable to move in due to the need for major repairs. We conclude that under the circumstances of this case the term is ambiguous, precluding summary judgment.
Plaintiffs Douglas and Joanna Dean entered into a contract to purchase a home in Irvington in February 2005. The closing was scheduled to take place on March 31, 2005. Plaintiffs acquired a homeowners’ insurance…
2Cases cited10 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Cragg v. Allstate Indemnity Corp.New York Court of Appeals · 2011
- Aetna Casualty & Surety Co. v. GutsteinNew York Court of Appeals · 1992
- Government Employees Insurance v. PaolicelliAppellate Division of the Supreme Court of the State of New York · 2003
5 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Universal American Corp. v. National Union Fire InsuranceNew York Court of Appeals · 2015
- In Re Viking Pump, Inc. and Warren Pumps, LLC Insurance AppealsSupreme Court of Delaware · 2016
- The Matter of Viking Pump Inc. and Warren Pumps LLCNew York Court of Appeals · 2016
- Lend Lease (US) Construction LMB Inc. v. Zurich American Insurance CompanyNew York Court of Appeals · 2017
- Newman Myers Kreines Gross Harris, P.C. v. Great Northern InsuranceDistrict Court, S.D. New York · 2014
86 more not listed; retrieve them via the Exa API.