Legal Opinion

First State Insurance v. J & S United Amusement Corp.

New York Court of Appeals

Decided May 29, 1986PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that court for its exercise of discretion as to retention or dismissal of this action.

In this declaratory judgment action First State Insurance Company seeks judgment that it is not obligated either to defend or indemnify J & S United Amusement with respect to a tort action brought against it for the injuries suffered by Angel Ocasio. The tort action is presently being defended by attorneys provided by First State under a reservation of rights. Ocasio was injured when…

2Cases cited18 opinions

  1. Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
  2. Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
  3. Public Service Mutual Insurance v. GoldfarbNew York Court of Appeals · 1981
  4. Spoor-Lasher Co., Inc. v. Aetna Cas. & Sur. Co.New York Court of Appeals · 1976
  5. Hartford Accident & Indemnity Co. v. Village of HempsteadNew York Court of Appeals · 1979

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

3Cited by26 opinions

  1. Continental Casualty Co. v. Employers InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  2. Eveready Insurance v. ChavisAppellate Division of the Supreme Court of the State of New York · 1989
  3. Home Mutual Insurance v. LapiAppellate Division of the Supreme Court of the State of New York · 1993
  4. Merrimack Mutual Fire Insurance v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1996
  5. Massa v. Nationwide Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2010

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

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