Legal Opinion

Loretto-Utica Properties Corp. v. Douglas Co.

New York Supreme Court

Decided August 4, 1995Published

1Opinion of the Court

*1005OPINION OF THE COURT

James C. Tormey III, J.

The plaintiff has brought a motion for partial summary-judgment, which in principle part requests the court to find that the damage sustained by the frost heave is a covered event under the provisions of the builder’s risk insurance policy. Defendant Douglas Company has presented a cross motion joining the relief requested by the plaintiff. Defendant Commercial Union has made a cross motion for summary judgment for dismissal of the complaint. All parties agree that contractual interpretation of the insurance policy is the primary issue presented. The…

2Cases cited6 opinions

  1. Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
  2. Album Realty Corp. v. American Home Assurance Co.New York Court of Appeals · 1992
  3. Kula v. State Farm Fire & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Cone v. Nationwide Mutual Fire InsuranceNew York Court of Appeals · 1989
  5. Johnson v. Home Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1993

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