Legal Opinion
American Motorists Insurance v. New York Seven-Up Bottling Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 1963PublishedCited by 5 opinions
1Opinion of the CourtSteuer, J.
Plaintiff moved at Special Term for summary judgment and, on the motion being granted, defendant appeals. The order directed an assessment and, from certain findings made by the court on the assessment, plaintiff appeals.
The action is by an insurance carrier against its insured for a balance of premium earned. Suit is on three successive policies, each for one year beginning, respectively, 1957, 1958 and 1959. For the purposes of this motion the background of the writing of the policies as set forth in defendant’s opposing affidavits will be taken to represent the facts. From these it appears…
2Cases cited4 opinions
- Baldwin v. Scott County Milling Co.Supreme Court of the United States · 1939
- Stephen Peabody, Jr., & Co. v. Travelers InsuranceNew York Court of Appeals · 1925
- Employers Liability Assurance Co. v. Success Uncle Sam Cone Co.City of New York Municipal Court · 1925
- American Mutual Liability Insurance v. Velletri Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1953
3Cited by5 opinions
- Porr v. NYNEX Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- National Convention Services, L.L.C. v. Applied Underwriters Captive Risk Assurance Co.District Court, S.D. New York · 2017
- Minihane v. WeissmanNew York Supreme Court · 1994
- Medical Malpractice Insurance v. NeumanAppellate Division of the Supreme Court of the State of New York · 1978
- Yarbrough v. State Farm Mutual Automobile InsuranceSupreme Court of Alabama · 1978