Legal Opinion
Lachs v. Fidelity & Casualty Co.
New York Court of Appeals
Decided March 4, 1954PublishedCited by 123 opinions
1Opinion of the CourtConway, J.
This is a motion by defendant insurance company for summary judgment in an action by the daughter beneficiary named in an airplane trip insurance contract. Special Term denied the motion and the Appellate Division affirmed, ruling that “ the language of the coverage was not so plain and unmistakably clear as to compel dismissal of the complaint as a matter of law on the merits and the granting of summary judgment in defendant’s favor.” (281 App. Div. 633, 635.) The Appellate Division granted leave to appeal upon two certified questions.
There are some undisputed facts. Thus, it is clear that…
2Cases cited5 opinions
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Rappaport v. Phil Gottlieb-Sattler, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
- Rappaport v. Phil Gottlieb-Sattler, Inc.New York Court of Appeals · 1953
- Lachs v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1953
3Cited by123 opinions
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Steven v. Fidelity & Casualty Co.California Supreme Court · 1962
- Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
- Airco Alloys Division v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Uniroyal, Inc. v. Home InsuranceDistrict Court, E.D. New York · 1988
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