Legal Opinion
Progressive Casualty Insurance v. Conklin
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1986PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Weiss, J.
We have been called upon to determine whether the steps taken by an automobile liability insurer effectively insulated it from the obligation to defend and pay any recovery against its insured. Trial Term, in this declaratory judgment action, found that the insurer remained obligated to defend and granted judgment in favor of the insured. We agree and affirm.
The facts do not appear to be in dispute. On June 14, 1982, defendant Carrie Komito owned a 1978 Dodge Diplomat and a 1972 Mercury station wagon. Plaintiff’s automobile liability policy listed only the 1978…
2Cases cited5 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
- Dryden Mutual Insurance v. MichaudAppellate Division of the Supreme Court of the State of New York · 1985
- Insurance Co. of North America v. NorrisNew York Supreme Court · 1982
3Cited by9 opinions
- Presbyterian Hospital v. Atlanta Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Murphy v. Hanover InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
- All City Insurance v. Pioneer InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- Dependible Janitorial Services, Inc. v. Transcontinental InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- North Country Insurance v. TuckerAppellate Division of the Supreme Court of the State of New York · 2000
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