William M. Moore Construction Co. v. United States Fidelity & Guarantee Co.
New York Court of Appeals
1Opinion of the CourtConway, J.
We have presented to us the question whether, when an insurance company has knowledge of a cross complaint against its assured involving a risk not covered by the policy and fails to notify the assured of the existence of the cross complaint and fails to disclaim liability, but on the contrary defends the action, and thereafter fails to notify the assured of the entry of a judgment based on the cross complaint, may the assured recover its damages despite the noncoverage of the policy and despite the fact that the two-year period of limitations contained in the policy has elapsed, when the…
2Cases cited17 opinions
- Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
- Malley v. American Indemnity Co.Supreme Court of Pennsylvania · 1929
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
- Lunt v. Aetna Life Insurance Co. of HartfordMassachusetts Supreme Judicial Court · 1928
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3Cited by33 opinions
- Allstate Insurance v. GrossNew York Court of Appeals · 1970
- Robert Clark, Jr. v. Union Mutual Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1982
- Clancy v. KingCourt of Appeals of Maryland · 2008
- O'Dowd v. American Surety Co.New York Court of Appeals · 1957
- Cardinal v. State of New YorkNew York Court of Appeals · 1952
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