Legal Opinion

Samhammer v. Home Mutual Insurance

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

Decided October 30, 1986PublishedCited by 29 opinions

1Opinion of the Court

OPINION OF THE COURT

Harvey, J.

On this appeal, we are asked to determine whether a State Police hearing board determination that one of its officers intentionally set fires in his house entitles the insurer of the house to collaterally estop the officer and his wife from collecting insurance proceeds for the damage caused to the house by the fires. The residence of plaintiffs, Norman B. and Carol S. Samhammer, was severely damaged by two separate fires which occurred on July 12, 1981 and a third fire on July 29, 1981. After plaintiffs’ proof of loss was disclaimed by defendants, plaintiffs…

2Cases cited20 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  3. Gilberg v. BarbieriNew York Court of Appeals · 1981
  4. B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
  5. S. T. Grand, Inc. v. City of New YorkNew York Court of Appeals · 1973

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3Cited by29 opinions

  1. Republic Insurance Co. v. JerniganSupreme Court of Colorado · 1988
  2. McGory v. Allstate Ins. Co.Mississippi Supreme Court · 1988
  3. McDowell v. SteinDistrict Court, S.D. Florida · 2009
  4. In re CapocciaAppellate Division of the Supreme Court of the State of New York · 2000
  5. Stevenson v. GoomarAppellate Division of the Supreme Court of the State of New York · 1989

24 more not listed; retrieve them via the Exa API.

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