Legal Opinion
Incorporated Village of Cedarhurst v. Hanover Insurance
New York Court of Appeals
Decided December 18, 1996PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issue in these appeals is whether defendant insurer is *297required to defend and indemnify its insured, the Incorporated Village of Cedarhurst, in two separate actions brought against the Village for property damage and personal injuries allegedly caused by a discharge or overflow of raw sewage from the municipal sewer system. Defendant contends that it properly disclaimed coverage in both cases pursuant to the pollution exclusions in the insurance policies. We conclude that since the complaints in the lawsuits brought against the Village did not allege any…
2Cases cited5 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
- Technicon Electronics Corp. v. American Home Assurance Co.New York Court of Appeals · 1989
3Cited by30 opinions
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- Guenther v. City of OnalaskaCourt of Appeals of Wisconsin · 1998
- West 56th Street Associates v. Greater New York Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
- Hotel des Artistes, Inc. v. General Accident Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 2004
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