Legal Opinion

Phoenix Insurance v. Stamell

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

Decided June 10, 2005PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Hayes, J.

Plaintiff, Phoenix Insurance Company (Phoenix), as subrogee of the Colleges of the Seneca (Colleges), commenced this action seeking judgment in the amount of the damages sustained by the Colleges for property damage caused by the alleged negligence of defendant, a student at the Colleges. The issue presented on this appeal is one of first impression in New York, i.e., whether a college’s fire insurer may recover damages from a student for his or her negligent acts that led to a fire causing property damage to the college. We agree with Phoenix that defendant is…

2Cases cited30 opinions

  1. Gross v. SweetNew York Court of Appeals · 1979
  2. Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
  3. North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993
  4. Sutton v. JondahlCourt of Civil Appeals of Oklahoma · 1975
  5. Ciofalo v. Vic Tanney Gyms, Inc.New York Court of Appeals · 1961

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3Cited by9 opinions

  1. Ram Mutual Insurance Co. v. RohdeSupreme Court of Minnesota · 2012
  2. Rausch v. Allstate InsuranceCourt of Appeals of Maryland · 2005
  3. Dattel Family Ltd. Partnership v. WintzCourt of Appeals of Tennessee · 2007
  4. Preferred Mutual Insurance v. PineAppellate Division of the Supreme Court of the State of New York · 2007
  5. Cincinnati Ins. Co. v. Acadia Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021

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

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