Legal Opinion
Cole's Restaurant, Inc. v. North River Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 1981PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: Defendants, the North River Insurance Company and Crum & Forster Insurance Companies (insurance companies), appeal from an order of the Supreme Court, Erie County denying their motion to dismiss a declaratory judgment action brought by plaintiff Cole’s Restaurant, Inc. (Cole’s) seeking to compel the insurance companies to defend Cole’s in lawsuits commenced by third parties. The liability insurance policy issued to Cole’s contained an exclusion for bodily injury or property damage resulting from the…
2Cases cited5 opinions
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- Lionel Freedman, Inc. v. Glens Falls InsuranceNew York Court of Appeals · 1971
- Vale v. YawarskiNew York Supreme Court · 1974
- Manuszewski v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
- Cole's Restaurant, Inc. v. North River InsuranceNew York Supreme Court · 1980
3Cited by6 opinions
- Brown v. Lumbermens Mutual Casualty Co.Court of Appeals of North Carolina · 1988
- Handlebar, Inc. v. Utica First InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- Amherst & Clarence Insurance v. Cazenovia Tavern, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- New York Mutual Underwriters v. BurdickAppellate Division of the Supreme Court of the State of New York · 1993
- General Accident Insurance Group v. C & H Pizza Corp.Appellate Division of the Supreme Court of the State of New York · 2001
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