Legal Opinion

Mount Vernon Fire Insurance v. Travelers Indemnity Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 1978PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Yesawich, Jr., J.

This declaratory judgment action arises out of a motor vehicle accident which occurred when a tractor and trailer operating in tandem, and owned by defendant Smolowitz Brothers Van Lines, Inc., collided with a vehicle driven by one Gino Trotta. Following this incident Trotta, who allegedly sustained bodily injuries, instituted a negligence action against Smolowitz. Defendant, the Travelers Indemnity Company, insured Smolowitz with respect to personal injury liability caused by the tractor.

Although not so specified in the complaint, defendants acknowledge…

2Cases cited2 opinions

  1. In re the Arbitration between Adams & Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
  2. Rosado v. Eveready InsuranceNew York Court of Appeals · 1974

3Cited by9 opinions

  1. Mount Vernon Fire Insurance v. Travelers Indemnity Co.New York Court of Appeals · 1979
  2. Connecticut Indemnity Co. v. 21st Century Transport Co.District Court, E.D. New York · 2002
  3. Aetna Casualty & Surety Co. v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  4. Planet Insurance v. GuntherNew York Supreme Court · 1993
  5. Albany Truck Rental Service, Inc. v. New Hampshire Merchants InsuranceAppellate Division of the Supreme Court of the State of New York · 1980

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