Legal Opinion

Allianz Insurance v. Lerner

Court of Appeals for the Second Circuit

Decided August 2, 2005No. Docket No. 04-2240-CVPublishedCited by 1 opinion

1Opinion of the Court

McLAUGHLIN, Circuit Judge.

This complex multi-party action arises out of a car accident in New York involving a leased vehicle. It highlights the various liability issues that often arise among a lessor, a lessee, and their respective insurers. These issues include: the vicarious liability of a lessor for the negligence of its lessee; the concomitant right of a lessor to seek indemnification from its lessee; and the separate duties of a lessee’s insurer to defend and indemnify its insured.

Regina Lerner (“Lerner”), Isabella Lerner (“Isabella”), and Dimitry Lerner (“Dimitry”) (collectively,…

2Cases cited30 opinions

  1. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  2. Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
  3. Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
  4. Kass v. KassNew York Court of Appeals · 1998
  5. Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991

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3Cited by1 opinion

  1. Allianz Insurance Company v. Regina LernerCourt of Appeals for the Second Circuit · 2005

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