Legal Opinion
Vermont Mutual Insurance v. Mowery Construction, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 14, 2012Published
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Krogmann, J.), entered March 21, 2011 in Warren County, which denied plaintiffs motion to amend the complaint.
In March 2005, defendant James Ciuffo was injured while working at a construction site overseen by defendant Mowery Construction, Inc., a general contractor. Mowery failed to inform plaintiff, its liability insurer, of the incident until Ciuffo commenced a personal injury action against it over two years later. In January 2008, plaintiff sent Mowery a reservation of rights letter in which it agreed to provide a defense in the personal injury…
2Cases cited9 opinions
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
- Bynog v. Cipriani Group, Inc.New York Court of Appeals · 2003
- Caceras v. ZorbasNew York Court of Appeals · 1989
- Davis v. Wyeth Pharmaceuticals, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Dever v. DeVitoAppellate Division of the Supreme Court of the State of New York · 2011
4 more not listed; retrieve them via the Exa API.