Legal Opinion
Wojna v. Merchants Insurance
New York Supreme Court
Decided June 15, 1983PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas P. Flaherty, J.
This is a motion pursuant to CPLR 3212 to grant plaintiff summary judgment in the underlying declaratory judgment action involving an insurer’s duty to defend and indemnify.
The plaintiff herein was involved in an automobile accident in 1980 that resulted in the death of one Ronald M. George. At the time of the accident plaintiff was covered by an automobile liability insurance policy issued by the defendant. Criminal charges were brought against the plaintiff as a result of this accident, and, upon the advice of her present counsel, plaintiff declined…
2Cases cited8 opinions
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Dyno-Bite, Inc. v. Travelers Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Levine v. BornsteinNew York Court of Appeals · 1959
- Hartford Fire Insurance v. MasternakAppellate Division of the Supreme Court of the State of New York · 1977
- Van Opdorp v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by4 opinions
- 2423 Mermaid Realty Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
- Chicago Insurance v. BorsodyDistrict Court, S.D. New York · 2001
- Aetna Casualty & Surety Co. v. State Farm Mutual Automobile InsuranceDistrict Court, W.D. Pennsylvania · 1991
- Aetna Cas. & Sur. Co. v. STATE FARM MUT. AUTO. INS.District Court, W.D. Pennsylvania · 1991