Legal Opinion
Utica Mutual Insurance v. Prudential Property & Casualty Insurance
New York Court of Appeals
Decided April 23, 1985PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Leon D. Lazer (103 AD2d 60).
We add that Prudential’s argument based upon Warner Hardware Co. v Allstate Ins. Co. (309 Minn 529, 245 NW2d 223) that the risk involved is a general business risk covered by Utica’s policy rather than an automobile risk covered by its policy having been first raised in this court has not been considered by us (see, Telaro v Telaro, 25 NY2d 433, 438). Moreover, on the *1051facts of this case the “complete operation” rule…
2Cases cited6 opinions
- Wagman v. American Fidelity & Casualty Co.New York Court of Appeals · 1952
- Telaro v. TelaroNew York Court of Appeals · 1969
- Cosmopolitan Mutual Insurance v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1963
- Utica Mutual Insurance v. Prudential Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Employers Mutual Liability Insurance v. Ætna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Stonewall Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Asbestos Claims Management Corporation, Defendant-Appellee-Cross-Appellant, Liberty Mutual Insurance Company, Underwriters at Lloyds, Continental Casualty Company, American Motorists Insurance Company, Affiliated Fm Insurance Company, Republic Insurance Company, First State Insurance Company, United States Fire Insurance Company, Houston General Insurance Company, Twin City Fire Insurance Company, Old Republic Insurance Company, American Centennial Insurance Company, the Constitution State Insurance Company, Employers Insurance of Wausau, and Commercial Union Insurance Company, Defendants-Appellants-Cross-Appellees, and the Travelers Insurance Company, Asbestos Claims Management Corporation, Third-Party-Plaintiff-Appellee-Cross-Appellant v. International Insurance Company, Third-Party-Defendant-Appellant-Cross-Appellee, and H.S. Weavers (Underwriting) Agencies, Ltd., Third-PartyCourt of Appeals for the First Circuit · 1995
- Stonewall Insurance v. Asbestos Claims Management Corp.Court of Appeals for the Second Circuit · 1995
- Munzer v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Eagle Insurance v. ButtsAppellate Division of the Supreme Court of the State of New York · 2000
- Axton Cross Co. v. Lumbermens Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1991
10 more not listed; retrieve them via the Exa API.