Legal Opinion

Allstate Insurance v. Kemp

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

Decided November 17, 1988PublishedCited by 3 opinions

1Opinion of the CourtCasey, J.

Appeal from an order of Supreme Court (McDermott, J.), entered September 14, 1987 in Albany County, which granted defendant Neil Kemp’s motion to stay this declaratory judgment action pending trial of a personal injury action against Kemp.

*854Plaintiff seeks a declaratory judgment declaring that it is not obligated to defend or indemnify defendant Neil Kemp, its insured under a homeowner’s policy, in a personal injury action by a third party against Kemp and others. Plaintiff contends that there is no coverage under its policy since the complaint in the personal injury action seeks to recover…

2Cases cited4 opinions

  1. Mazzaferro v. Albany Motel Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  2. First State Insurance v. J & S United Amusement Corp.New York Court of Appeals · 1986
  3. Electric Insurance v. BoutelleAppellate Division of the Supreme Court of the State of New York · 1986
  4. State Farm Fire & Casualty Co. v. JoslynAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by3 opinions

  1. Massa v. Nationwide Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  2. Orange Motor Co. v. Hanover InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
  3. State Farm Fire & Cas. Co. v. RussoAppellate Division of the Supreme Court of the State of New York · 2024

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