Hotel des Artistes, Inc. v. General Accident Insurance of America
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Gonzalez, J.
The primary issue on this appeal is whether an insurer has a *183duty to defend its insured against claims in an underlying action that fall within the embrace of a commercial general liability (CGL) policy issued by the insurer, notwithstanding the fact that the insured’s legal liability arises in contract, not tort. In addition, we must decide whether an insured is entitled to recover the entire amount paid in settlement as a consequence of the insurer’s alleged breach of its duty to defend, and whether the insurer in this case waived its late-notice defense due…
2Cases cited21 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Servidone Construction Corp. v. Security InsuranceNew York Court of Appeals · 1985
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Duane Reade Inc., Plaintiff-Counter-Defendant-Appellee v. St. Paul Fire and Marine Insurance Company, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 2005
- CGS Industries, Inc. v. Charter Oak Fire InsuranceCourt of Appeals for the Second Circuit · 2013
- KeySpan Gas East Corp. v. Munich Reinsurance America, Inc.New York Court of Appeals · 2014
- Estee Lauder Inc. v. OneBeacon Insurance Group, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Stellar Mechanical Services of New York, Inc. v. Merchants Insurance of New HampshireAppellate Division of the Supreme Court of the State of New York · 2010
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