Tri Town Antlers Foundation, Inc. v. Fireman's Fund Insurance
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed. We agree with the Appellate Division that "[w]here, as here, the policy is ambiguous, and no extrinsic evidence [was] offered from which the jury could conclude that the policy should be interpreted in favor of the insurer, [the direction of] a verdict in favor of the insured [was warranted]” (Tri Town Antlers Found. v Fireman’s Fund Ins. Co., 158 AD2d 908,909; see, Hartford Acc. & Indem. Co. v Wesolowski, 33 NY2d 169, 172; City of Albany v Standard Acc. Ins. Co., 7 NY2d 422, 430).
Chief Judge Wachtler and…
2Cases cited3 opinions
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- City of Albany v. Standard Accident InsuranceNew York Court of Appeals · 1960
- Tri Town Antlers Foundation, Inc. v. Fireman's Fund InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
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- Pepper v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Superior Ice Rink, Inc. v. Nescon Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Del Bello v. General Accident Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1992
- Boggs v. Commercial Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Gaetan v. Firemen's InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
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