Legal Opinion

Bender v. Peerless Insurance

Appellate Division of the Supreme Court of the State of New York

Decided January 18, 2007PublishedCited by 13 opinions

1Opinion of the CourtLahtinen, J.

Appeal from an order of the Supreme Court (Coccoma, J.), entered July 5, 2006 in Delaware County which, inter alia, denied plaintiffs’ motion for summary judgment.

Plaintiffs admit spilling a small amount of fuel oil while making a residential delivery in March 2002. Notice of the incident was ostensibly provided to defendants in January 2004, and they disclaimed coverage in April 2004. The owners of the home subsequently commenced a lawsuit alleging that the spill and concomitant damages were much more extensive than acknowledged by plaintiffs. Defendants again denied coverage, prompt*1121ing this…

2Cases cited4 opinions

  1. Blair v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 1987
  2. Barclay's Bank v. Smitty's Ranch, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  3. Doin v. Bluff Point Golf & Country Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Cavalieri v. Commissioner of the State of New York Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by13 opinions

  1. Sugar Foods De Mexico v. Scientific Scents, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  2. Fonda v. First Pioneer Farm CreditAppellate Division of the Supreme Court of the State of New York · 2011
  3. Kamp v. FiumeraAppellate Division of the Supreme Court of the State of New York · 2010
  4. Lee v. Albany-Schoharie-Schenectady-Saratoga Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  5. Zeldin v. Interboro Mutual Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 2007

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