Legal Opinion
Fulmont Mutual Insurance v. New York Central Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 2004PublishedCited by 5 opinions
1Opinion of the CourtPeters, J.
Appeal from an order of the Supreme Court (Aulisi, J.), entered July 7, 2003 in Fulton County, which denied plaintiffs motion for summary judgment and granted defendant’s cross motion for a declaratory judgment.
James Hutchinson owns a parcel of real property in the Town of Canajoharie, Fulton County on which there are various stores and rental apartments. The property was insured against fire loss by a policy of insurance procured from plaintiff. Hutchinson, along with his wife and stepson, Michael Rockefeller, reside in one of the rental apartments. A homeowner’s policy was procured by…
2Cases cited15 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- United States Fidelity & Guaranty Co. v. AnnunziataNew York Court of Appeals · 1986
- Allstate Insurance v. MugaveroNew York Court of Appeals · 1992
- Government Employees Insurance v. KliglerNew York Court of Appeals · 1977
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3Cited by5 opinions
- In re the Arbitration between Progressive Insurance Companies & NemitzAppellate Division of the Supreme Court of the State of New York · 2007
- Progressive Halcyon Insurance v. GiacomettiAppellate Division of the Supreme Court of the State of New York · 2010
- Finch v. Steve Cardell AgencyAppellate Division of the Supreme Court of the State of New York · 2016
- Maroney v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Reidy Contracting Group, LLC v. Mt. Hawley Insurance CompanyCourt of Appeals for the Second Circuit · 2026