Westpoint International, Inc. v. American International South Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Emily Jane Good*562man, J.), entered July 17, 2009, which, insofar as appealed from, denied defendant’s motion to dismiss the complaint, unanimously affirmed, with costs.
Although the underlying complaint contains some causes of action that are arguably subject to the insurance policy’s “contract liability” exclusion, it alleges, in addition to a single cause of action for breach of contract, several causes of action sounding in tort and alleging statutory violations. Thus, defendant failed to demonstrate that the allegations cast the underlying complaint…
2Cases cited6 opinions
- Frontier Insulation Contractors, Inc. v. Merchants Mutual InsuranceNew York Court of Appeals · 1997
- Northville Industries Corp. v. National Union Fire InsuranceNew York Court of Appeals · 1997
- Stonewall Insurance v. Asbestos Claims Management Corp.Court of Appeals for the Second Circuit · 1995
- Maroney v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 2005
- Federal Insurance v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 2005
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- Alvarez v. XL Specialty Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2022
- Certain Underwriters at Lloyds v. Nu Ride, Inc.Appellate Division of the Supreme Court of the State of New York · 2026
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