Legal Opinion
McGivney v. Liberty Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Decided May 19, 2003PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for breach of an insurance contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Burke, J.), dated June 5, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In opposition to the defendant’s prima facie showing of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact. “Evidence of communications or *560settlement negotiations between an insured and its insurer either before or after expiration of a…
2Cases cited4 opinions
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
- Culinary Institute of America v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Shah v. Cambridge Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- McGoey v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by5 opinions
- Carle Place Union Free School District v. Bat-Jac Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- U.S. Bank National Ass'n v. Stewart Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Fox v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
- Fox v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
- Individuals Securities, Ltd. v. American International Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2006