Gilbert Frank Corp. v. Federal Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION of the court
Kassal, J.
Plaintiff appeals from an order granting defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 5), as barred by the 12-month limitations period contained in the insurance policy issued by respondent. The central issue raised is the applicable period of time within which an action was to be brought and whether, under the facts and circumstances of this case, it may be found that the insurer waived the period of limitations.
The action was brought to recover for a burglary loss which occurred on March 29, 1979, at plaintiff’s premises…
2Cases cited20 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- Proc v. Home InsuranceNew York Court of Appeals · 1966
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Blitman Construction Corp. v. Insurance Co. of North AmericaNew York Court of Appeals · 1985
- Carat Diamond Corp. v. Underwriters at Lloyd's, LondonAppellate Division of the Supreme Court of the State of New York · 1986
- Guadagno v. Colonial Cooperative InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Armstrong v. United Frontier Mut. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2020
- Graziane v. National Surety Corp.Appellate Division of the Supreme Court of the State of New York · 1984
10 more not listed; retrieve them via the Exa API.