Legal Opinion
Federal Insurance v. Arthur Andersen & Co.
New York Court of Appeals
Decided February 22, 1990PublishedCited by 82 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
Plaintiff, a fidelity insurer, paid its insured for a loss caused by the defalcations of an employee. Thereafter, it sued defendant, its insured’s accountant and auditor, to recover what it had paid, alleging that defendant was negligent in failing to discover the defalcations. This appeal is from an order affirming summary judgment against plaintiff and dismissing its action.
The decisive question is whether plaintiff’s rights to recover as equitable subrogee to the extent of its payment to its insured are barred as a matter of law, as defendant contends,…
2Cases cited38 opinions
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Meyers v. Bank of America National Trust and Savings Ass'nCalifornia Supreme Court · 1938
- Standard Accident Insurance v. PellecchiaSupreme Court of New Jersey · 1954
- Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
- Fidelity & Deposit Co. v. Queens County Trust Co.New York Court of Appeals · 1919
33 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Teichman v. Community Hospital of Western SuffolkNew York Court of Appeals · 1996
- Winkelmann v. Excelsior InsuranceNew York Court of Appeals · 1995
- Mutual Service Casualty Insurance Company, as Subrogee of Jo Daviess Services, Inc. v. Elizabeth State Bank, an Illinois State Chartered BankCourt of Appeals for the Seventh Circuit · 2001
- Allstate Insurance Company v. Kieron Mazzola and First Fidelity L.S. Group, Inc.Court of Appeals for the First Circuit · 1999
- Gibbs v. Hawaiian Eugenia Corp.Court of Appeals for the Second Circuit · 1992
77 more not listed; retrieve them via the Exa API.