Legal Opinion
Children's Hospital of Buffalo v. Employers Reinsurance Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1981PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: Plaintiff and codefendant Ruefli appeal from the dismissal of Ruefli’s motion for summary judgment in a declaratory judgment action against plaintiff’s insurance company, Employers Reinsurance (Employers). The issues on this appeal involve the timeliness of Employers’ disclaimer and the rights of the injured party (Ruefli) against the insurance company. The motion for summary judgment was properly denied because issues of fact were presented which could not be resolved summarily. Whether Employers’ delay of three months in disclaiming…
2Cases cited9 opinions
- General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
- Allstate Insurance v. GrossNew York Court of Appeals · 1970
- Lauritano v. American Fidelity Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
- Lauritano v. American Fidelity Fire InsuranceNew York Court of Appeals · 1958
- Aetna Casualty & Surety Co. v. BriceAppellate Division of the Supreme Court of the State of New York · 1979
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3Cited by4 opinions
- Allstate Insurance v. MoonAppellate Division of the Supreme Court of the State of New York · 1982
- Walters v. AtkinsAppellate Division of the Supreme Court of the State of New York · 1992
- James v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
- Wraight v. Exchange InsuranceAppellate Division of the Supreme Court of the State of New York · 1996