Legal Opinion

Utica Mutual Insurance v. Cherry

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

Decided July 15, 1974PublishedCited by 33 opinions

1Opinion of the CourtHopkins, Acting P. J.

The plaintiff issued a liability insurance policy covering a truck -owned by the defendant Allen Richard Cherry. An action was brought against ¡Cherry by the defendant Patricia J. Rice, as administratrix of the estate of Charles J. Rice, deceased, for wrongful death. This declaratory judgment action was then instituted for an adjudication that the plaintiff is relieved of all obligations under the policy. The Special Term granted summary judgment in favor of the plaintiff, holding that, as the policy did not cover an intentional act causing injury, the conviction of ¡Cherry for manslaughter…

2Cases cited6 opinions

  1. Gray v. Zurich Insurance Co.California Supreme Court · 1966
  2. Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
  3. Glens Falls Insurance v. American Oil Co.Court of Appeals of Maryland · 1969
  4. Edward Monari v. Surfside Boat Club Inc., Defendant-Third-Party v. Western World Insurance Co., Inc., Third-PartyCourt of Appeals for the Second Circuit · 1972
  5. Schwartz v. Sar Corp.New York Supreme Court · 1959

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
  2. Public Service Mutual Insurance v. GoldfarbNew York Court of Appeals · 1981
  3. Prahm v. Rupp Construction Co.Supreme Court of Minnesota · 1979
  4. Avondale Industries, Inc. v. Travelers Indemnity Co.District Court, S.D. New York · 1988
  5. Massachusetts Property Insurance Underwriting Ass'n v. NorringtonMassachusetts Supreme Judicial Court · 1985

28 more not listed; retrieve them via the Exa API.

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