Legal Opinion
Van Opdorp v. Merchants Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 1976PublishedCited by 13 opinions
1Opinion of the Court
Order unanimously affirmed, with costs, Simons, J., not participating. Memorandum: Defendant appeals from a denial of its motion for summary judgment made pursuant to CPLR 3212. Plaintiffs assert a cause of action under section 167 (subd 1, par [b]) of the Insurance Law, based upon a judgment entered against defendant’s insured after defendant disclaimed on its policy of insurance. Defendant alleges that the insured failed or refused to co-operate with it in violation of the terms of the policy. In order to justify its disclaimer, defendant must satisfy the threefold test enunciated in…
2Cases cited4 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Seltzer v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1929
- Matter of Empire Mut. Ins. Co.New York Court of Appeals · 1975
3Cited by13 opinions
- Ausch v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Dyno-Bite, Inc. v. Travelers Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Hartford Fire Insurance v. MasternakAppellate Division of the Supreme Court of the State of New York · 1977
- Garcia v. AbramsAppellate Division of the Supreme Court of the State of New York · 1983
- Graney Development Corp. v. TaksenAppellate Division of the Supreme Court of the State of New York · 1978
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