Legal Opinion
Elashker v. Medical Liability Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2007PublishedCited by 3 opinions
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Bradley, J.), entered November 2, 2006 in Ulster County, which, among other things, granted defendant’s motion for summary judgment dismissing the complaint.
When plaintiff was accused of sexually assaulting a nurse employed by the nursing home where he was an attending physician, he referred the nurse’s claim to defendant, his medical malpractice insurance carrier. Defendant investigated and disclaimed coverage. Plaintiff then commenced this action to obtain a judgment declaring that his malpractice insurance covered the nurse’s claim because, while…
2Cases cited7 opinions
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Frontier Insulation Contractors, Inc. v. Merchants Mutual InsuranceNew York Court of Appeals · 1997
- Maroney v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 2005
- Physicians' Reciprocal Insurers v. LoebAppellate Division of the Supreme Court of the State of New York · 2002
- State Farm Mutual Automobile Insurance v. BentleyAppellate Division of the Supreme Court of the State of New York · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lombardi, Walsh, Wakeman, Harrison, Amodeo & Davenport, P.C. v. American Guarantee & Liability InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
- One Beacon Insurance v. Travelers Property Casualty Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2008
- Dupree v. GiuglianoAppellate Division of the Supreme Court of the State of New York · 2011