Legal Opinion

Zurich Insurance v. Shearson Lehman Hutton, Inc.

New York Court of Appeals

Decided October 25, 1994PublishedCited by 182 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

This is a declaratory judgment action instituted by plaintiff insurer seeking a determination that it had no duty to indem nify its insured for punitive damages awarded against the insured in two separate out-of-State slander actions. The question is whether New York’s public policy precluding indemnification for punitive damages should prevail over the public policies of the judgment States, which allow indemnification.

The action originally encompassed five separate underlying personal injury suits. Three have been resolved. In the first of the two remaining…

2Cases cited12 opinions

  1. Babcock v. JacksonNew York Court of Appeals · 1963
  2. Auten v. AutenNew York Court of Appeals · 1954
  3. Cooney v. Osgood Machinery, Inc.New York Court of Appeals · 1993
  4. Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
  5. Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986

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

3Cited by182 opinions

  1. Lazard Freres & Co., Plaintiff-Counter-Defendant-Appellee v. Protective Life Insurance Company, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 1997
  2. International Business Machines Corporation v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 2004
  3. Fireman's Fund Insurance v. Great American InsuranceCourt of Appeals for the Second Circuit · 2016
  4. Global Financial Corp. v. Triarc Corp.New York Court of Appeals · 1999
  5. Globalnet financial.com, Inc. v. Frank Crystal & Co., Inc., A.I. Credit Corp., Docket No. 04-6679-CvCourt of Appeals for the Second Circuit · 2006

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

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