Legal Opinion

United States Fidelity & Guaranty Co. v. New York, Susquehanna & Western Railway Corp.

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 2000PublishedCited by 5 opinions

1Opinion of the Court

—Order insofar as appealed from unanimously reversed on the law without costs, motion granted and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff commenced this declaratory judgment action seeking reimbursement from defendant for amounts it expended in the defense and indemnification of defendant in the underlying personal injury action. Supreme Court erred in denying defendant’s motion seeking the attorney’s fees and costs incurred in defending this action. By commencing this action, plaintiff has “cast [defendant] in a…

2Cases cited7 opinions

Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
National Union Fire Insurance v. Robert Christopher AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
Reliance Insurance v. National Union Fire Insurance Co. of Pittsburgh, Pa.Appellate Division of the Supreme Court of the State of New York · 1999
Mohawk Minden Insurance v. FerryAppellate Division of the Supreme Court of the State of New York · 1998
U.S. Liability Insurance v. Staten Island HospitalAppellate Division of the Supreme Court of the State of New York · 1990

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3Cited by5 opinions

National Union Fire Insurance v. City of OswegoAppellate Division of the Supreme Court of the State of New York · 2002
U.S. Underwriters Insurance v. City Club Hotel, LLCCourt of Appeals for the Second Circuit · 2004
Great West Casualty Co. v. SeeDistrict Court, D. Nevada · 2002
U.S. Underwriters Insurance Company v. City Club Hotel, LlcCourt of Appeals for the Second Circuit · 2004
National Grange Mutual Insurance v. T.C. Concrete Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2007