Legal Opinion
Gold Fields American Corp. v. Aetna Casualty & Surety Co.
New York Supreme Court
Decided July 24, 1997PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Lewis R. Friedman, J.
Defendants, Home Insurance Company and Home Indemnity Company (collectively Home), move for summary judgment on the ground that plaintiff cannot prove the existence or terms of the insurance policies at issue. To resolve this issue the court is required to visit the issue of what the burden of proof is when a policyholder asserts that it has lost the policy. This issue has troubled courts in many other jurisdictions but has not been discussed in the reported New York cases.
Plaintiff in this action seeks a declaratory judgment of entitlement to…
2Cases cited17 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Eichner v. DillonNew York Court of Appeals · 1981
- United States Mortgage & Trust Co. v. RugglesNew York Court of Appeals · 1932
- In re CapocciaNew York Court of Appeals · 1983
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Barbara Combs v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2006
- Burt Rigid Box Inc. v. Travelers Property Casualty Corp.District Court, W.D. New York · 2001
- John Hancock Life Insurance v. PerchikovDistrict Court, E.D. New York · 2008
- Burt Rigid Box, Inc. v. Travelers Property Casualty Corp.Court of Appeals for the Second Circuit · 2002
- Kleenit, Inc. v. Sentry InsuranceDistrict Court, D. Massachusetts · 2007
8 more not listed; retrieve them via the Exa API.