Town of Newfane v. General Star National Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kehoe, J.
In this matter of apparent first impression in this state, we are called upon to determine when, for purposes of invoking insurance coverage in an underlying action, the insured’s alleged underlying act of malicious prosecution is deemed to have occurred—on the date on which the criminal prosecution was instituted, or on the date on which it was terminated in favor of the accused. We conclude that the tort was committed when the criminal prosecution was instituted. We thus conclude that there is no coverage for a claim of malicious prosecution under an insurance…
2Cases cited35 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Broughton v. StateNew York Court of Appeals · 1975
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Servidone Construction Corp. v. Security InsuranceNew York Court of Appeals · 1985
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3Cited by13 opinions
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- SELECTIVE INS. CO. OF S. CAROLINA v. City of ParisDistrict Court, C.D. Illinois · 2010
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