Legal Opinion

Home Insurance v. American Insurance

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

Decided February 2, 1989PublishedCited by 22 opinions

1Opinion of the Court

— This case comes to us for determination as an action on submitted facts pursuant to CPLR 3222. In accordance with paragraph (3) of subdivision (b) of that rule, it is, by stipulation of the parties, submitted to us in the first instance.

Plaintiff, The Home Insurance Company (Home), and defendant, The American Insurance Company (American), both issued insurance policies to Grenadier Realty Corporation (Grenadier), which included insurance on real property located at 40 West 34th Street, New York, New York. Home issued a boiler and machinery policy covering the premises, while American issued…

2Cases cited3 opinions

  1. Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
  2. Harris v. Allstate InsuranceNew York Court of Appeals · 1955
  3. Great Northern Insurance v. Dayco Corp.District Court, S.D. New York · 1986

3Cited by22 opinions

  1. Album Realty Corp. v. American Home Assurance Co.New York Court of Appeals · 1992
  2. Throgs Neck Bagels, Inc. v. GA InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
  3. Kimmins Industrial Service Corporation v. Reliance Insurance Company, National Casualty Company, Landmark Insurance CompanyCourt of Appeals for the Second Circuit · 1994
  4. Pioneer Chlor Alkali Co. v. National Union Fire InsuranceDistrict Court, D. Nevada · 1994
  5. Continental Insurance v. Arkwright Mutual InsuranceCourt of Appeals for the First Circuit · 1996

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