Legal Opinion

BRIGGS AVENUE v. Insurance Corp. of Hannover

Court of Appeals for the Second Circuit

Decided February 15, 2008No. Docket 06-3231-cvPublishedCited by 9 opinions

1Opinion of the Court

CALABRESI, Circuit Judge:

This case raises a question of state law that has yet to be addressed by the New York Court of Appeals and that has led to divergent opinions in the federal district courts. When an injured party begins its suit against an insured by serving process on the Secretary of State, who, under New York corporate and limited liability company law, is the insured’s agent for such service, does this service suffice to trigger the provisions in the relevant insurance policy that require the insured to inform its insurer in a timely manner that a suit has been brought, where: (a)…

2Cases cited15 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
  3. United States Fidelity & Guaranty Co. v. AnnunziataNew York Court of Appeals · 1986
  4. White Plains Coat & Apron Co., Inc. v. Cintas Corp. And Cintas Corp. 2, Docket No. 05-1520-CvCourt of Appeals for the Second Circuit · 2006
  5. Unigard Security Insurance v. North River InsuranceNew York Court of Appeals · 1992

10 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Chauca v. AbrahamCourt of Appeals for the Second Circuit · 2016
  2. Briggs Avenue LLC v. Insurance Corp. of HannoverNew York Court of Appeals · 2008
  3. Fuentes v. Board of Educ. of City of New YorkCourt of Appeals for the Second Circuit · 2008
  4. Tobias Bermudez Chavez v. Occidental Chemical Corp.Court of Appeals for the Second Circuit · 2019
  5. Briggs Ave. LLC v. Insurance Corp. of HannoverCourt of Appeals for the Second Circuit · 2008

4 more not listed; retrieve them via the Exa API.

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