Legal Opinion
Neuwirth v. Blue Cross & Blue Shield
New York Court of Appeals
Decided May 3, 1984PublishedCited by 36 opinions
APPEARANCES OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and, on defendants’ stipulation, judgment granted in favor of plaintiff.
The burden of proving that a claim falls within the exclusions of an insurance policy rests with the insurer (see International Paper Co. v Continental Cas. Co., 35 NY2d 322, 327; Prashker v United States Guar. Co., 1 NY2d 584, 594). Accordingly, the trial court properly ordered a new trial after it recognized that it had erroneously charged the jury that the insured’s representative had the burden of proof as to the…
2Cases cited2 opinions
- International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
- Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
3Cited by36 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Atlantic Mutual Insurance Company, Cross-Appellant v. Truck Insurance Exchange, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1986
- Munzer v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Unigard Security Insurance v. North River InsuranceDistrict Court, S.D. New York · 1991
- Town of Moreau v. Orkin Exterminating Co.Appellate Division of the Supreme Court of the State of New York · 1991
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