Legal Opinion
Wells Fargo Bank v. Zurich American Insurance
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 2009PublishedCited by 4 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered September 10, 2007, after a nonjury trial, inter alia, dismissing the complaint, unanimously affirmed, without costs.
We agree with the trial court that Wells Fargo failed to carry its burden of establishing entitlement to the payment it seeks under the “Creditor Reimbursement for Environmental Damages Insurance” policy issued by Lumbermens Mutual Casualty Company. Notwithstanding Wells Fargo’s insistence that, under *334policies such as this, payment is due by virtue of the borrower’s default, this particular policy…
2Cases cited8 opinions
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Argo Corp. v. Greater New York Mutual InsuranceNew York Court of Appeals · 2005
- Santariga v. McCannAppellate Division of the Supreme Court of the State of New York · 1990
- Pember v. CarlsonAppellate Division of the Supreme Court of the State of New York · 2007
- Republic New York Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kleinser v. AstaritaAppellate Division of the Supreme Court of the State of New York · 2009
- Independent Chem. Corp. v. PuthanpurayilAppellate Division of the Supreme Court of the State of New York · 2018
- Tag 380, LLC v. ComMet 380, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Yetnikoff v. MascardoAppellate Division of the Supreme Court of the State of New York · 2009