Legal Opinion
Goldner v. Kemper Insurance
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1989No. Appeal No. 1PublishedCited by 8 opinions
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: The trial court properly directed a verdict in favor of Marlene Goldner on her cause of action to recover under the terms of a fire insurance policy for fire *937damage to the house jointly owned by her and her husband, Murray Goldner. The only defense interposed by the insurers was their allegation that Murray Goldner had deliberately set the fire and there was no showing that Marlene Goldner participated in any way in the alleged arson. "[A]s a matter of fairness and equity * * * the independent wrongdoing of one insured should not bar…
2Cases cited4 opinions
- Uss v. Town of Oyster BayNew York Court of Appeals · 1975
- Reed v. Federal InsuranceNew York Court of Appeals · 1988
- Flynn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1970
- Flynn v. Poirier & McLane Corp.New York Court of Appeals · 1971
3Cited by8 opinions
- Cramer v. KuhnsAppellate Division of the Supreme Court of the State of New York · 1995
- Hoover v. GeraldAppellate Division of the Supreme Court of the State of New York · 1995
- Leahy v. AllenAppellate Division of the Supreme Court of the State of New York · 1996
- Blanchard v. WhitlarkAppellate Division of the Supreme Court of the State of New York · 2001
- Fanelli v. diLorenzoAppellate Division of the Supreme Court of the State of New York · 1992
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