Legal Opinion

McAlpin v. RLI Insurance

District Court, W.D. New York

Decided September 5, 2007No. 6:04-cr-06125PublishedCited by 3 opinions

1Opinion of the Court

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Patrick W. McAlpin, commenced this action in New York State Supreme Court, Ontario County, in February 2004, seeking a declaration that defendant, RLI Insurance Co. (“RLI”), is obligated to defend and indemnify him for any and all claims arising out of an automobile accident (“the accident”) in which he was involved on October 10, 2002. RLI removed the action to this Court on March 30, 2004, based on diversity of citizenship under 28 U.S.C. § 1332. 1

Both sides have moved for summary judgment. For the reasons that follow, plaintiffs…

2Cases cited24 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
  5. Charlina Williams v. R.H. Donnelley, Corp.Court of Appeals for the Second Circuit · 2004

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3Cited by3 opinions

  1. Clark v. DannheimDistrict Court, W.D. New York · 2008
  2. Mount Vernon Fire Insurance Co. v. Munoz Trucking Corp.District Court, S.D. New York · 2016
  3. Admiral Insurance Company v. Builders Choice of New York, Inc.District Court, S.D. New York · 2024

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