Legal Opinion
Hawthorne v. South Bronx Community Corp.
New York Court of Appeals
Decided November 19, 1991PublishedCited by 33 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
This appeal involves a dispute between two insurers, both of whom insured a subcontractor held liable to indemnify the owner and general contractor for injuries sustained by one of the subcontractor’s employees. One insurer provided coverage for contractual indemnity and the other provided coverage for common-law indemnity. The issue is whether the existence of an insured’s contractual duty to indemnify supersedes a common-law duty to indemnify and thereby relieves the insurer of the latter risk from liability on its policy. The Appellate Division found that…
2Cases cited6 opinions
- Brown v. Two Exchange Plaza PartnersNew York Court of Appeals · 1990
- O'Dowd v. American Surety Co.New York Court of Appeals · 1957
- Dairylea Cooperative, Inc. v. RossalNew York Court of Appeals · 1984
- Aetna Casualty & Surety Co. v. Lumbermens Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Interstate Motor Freight System v. Michigan Mutual Liability Co.Appellate Division of the Supreme Court of the State of New York · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993
- Felker v. Corning Inc.New York Court of Appeals · 1997
- Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1997
- Curley v. Gateway Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- In Re Pinnacle Brands, Inc.United States Bankruptcy Court, D. Delaware · 2001
28 more not listed; retrieve them via the Exa API.