Legal Opinion
Doe Fund, Inc. v. Royal Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 30, 2006PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Herman Cahn, J.), entered March 6, 2006, which denied plaintiffs’ motion for summary judgment and granted defendant Royal Indemnity’s cross motion for summary judgment, unanimously affirmed, with costs.
In this declaratory judgment action, plaintiffs sought to test the validity of Royal Indemnity’s disclaimer of coverage based on late notice of claim. The alleged “occurrence” took place in 2003 when a trainee of plaintiff Doe Fund, operating an electric power utility vehicle, struck defendant Greenberg, the plaintiff in the underlying personal injury…
2Cases cited6 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
- Medical Malpractice Insurance v. CuomoNew York Court of Appeals · 1989
- Heydt Contracting Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Paramount Insurance v. Rosedale Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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3Cited by3 opinions
- Those Certain Underwriters at Lloyds v. GrayAppellate Division of the Supreme Court of the State of New York · 2007
- GMAC Insurance v. JonesAppellate Division of the Supreme Court of the State of New York · 2009
- Rmd Produce Corp. v. Hartford Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2007