Legal Opinion

Kincaid v. Simmons

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

Decided February 28, 1979PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Callahan, J.

Lumbermens Mutual Casualty Co. appeals from a Special Term order which denied its motion for summary judgment to dismiss the complaint of its insured, Donald A. Harris. A comprehensive general liability policy had been issued by Lumbermens to protect Harris while engaged as a subcontractor specializing in framing houses. It obligated the company to pay all sums, within limits, for which the insured might become liable and specified a duty to defend suits brought against the insured, even if groundless, false or fraudulent. It also contained a “completed…

2Cases cited17 opinions

  1. International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
  2. Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
  3. Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
  4. Spoor-Lasher Co., Inc. v. Aetna Cas. & Sur. Co.New York Court of Appeals · 1976
  5. Doyle v. Allstate InsuranceNew York Court of Appeals · 1956

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

3Cited by9 opinions

  1. First Ins. Co. of Hawaii v. StateHawaii Supreme Court · 1983
  2. Touchette Corp. v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
  3. Zurich-American Insurane v. Atlantic Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1988
  4. 492 Kings Realty, LLC v. 506 Kings, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  5. New York Central Mutual Fire Insurance v. HeidelmarkAppellate Division of the Supreme Court of the State of New York · 1985

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API