Allstate Insurance v. Zuk
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
Allstate Insurance Company seeks a declaratory judgment that it has no duty to defend or indemnify its insured, William Zuk, in a wrongful death action arising out of the death of Zuk’s friend, Michael Smith, whom Zuk shot and killed. On November 2, 1985, Zuk was cleaning and loading a shotgun in a hunting lodge owned by his parents, Benedict and Margaret Zuk. The gun accidentally discharged and Smith, who was sitting a few feet away from Zuk, was shot in the thigh, severing his femoral artery. He subsequently bled to death. Zuk was charged with second degree…
2Cases cited13 opinions
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Technicon Electronics Corp. v. American Home Assurance Co.New York Court of Appeals · 1989
- S. T. Grand, Inc. v. City of New YorkNew York Court of Appeals · 1973
- McGroarty v. Great American InsuranceNew York Court of Appeals · 1975
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3Cited by134 opinions
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- Town of Massena v. Healthcare Underwriters Mutual InsuranceNew York Court of Appeals · 2002
- Avondale Industries, Inc. v. Travelers Indemnity Co.District Court, S.D. New York · 1991
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