Legal Opinion
Nationwide Mutual Fire Insurance v. Burke
Appellate Division of the Supreme Court of the State of New York
Decided October 21, 1982PublishedCited by 5 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term (Fischer, J.), entered December 22, 1981 in Tompkins County, which, inter alia, denied plaintiff’s motion for summary judgment. This is an action for a declaratory judgment wherein plaintiff insurance company seeks a declaration that it is not obligated to defend a lawsuit brought against defendant Burke by defendant Gallo. The Gallo action is for personal injuries sustained by Gallo and his son as the result of an alleged assault by Burke on them. Plaintiff notified Burke that pursuant to the terms of the insurance policy there would…
2Cases cited4 opinions
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- Spoor-Lasher Co., Inc. v. Aetna Cas. & Sur. Co.New York Court of Appeals · 1976
- Utica Mutual Insurance v. CherryNew York Court of Appeals · 1975
3Cited by5 opinions
- Federal Insurance v. Cablevision Systems Development Co.District Court, E.D. New York · 1986
- New York Central Mutual Fire Insurance v. HeidelmarkAppellate Division of the Supreme Court of the State of New York · 1985
- State Farm Insurance v. TrezzaNew York Supreme Court · 1983
- Allstate Insurance v. MugaveroNew York Supreme Court · 1989
- Allstate Insurance Co. v. MugaveroAppellate Division of the Supreme Court of the State of New York · 1990