Legal Opinion

SCW West LLC v. Westport Insurance

District Court, E.D. New York

Decided April 17, 2012No. 10-cv-6050 (ADS)(AKT)PublishedCited by 20 opinions

1Opinion of the Court

ARTHUR D. SPATT, District Judge.

The present declaratory judgment action concerns a dispute over whether an insured hotel has failed to cooperate with its insurer by refusing to authorize the appeal of a decision by the local building inspector to the state authority regarding certain repair work needed for property damage caused by a severe wind and rain storm. Both parties have moved for summary judgment. For the reasons that follow, the cross-motions are denied.

I. BACKGROUND

The Plaintiff SCW West LLC, d/b/a Gold Coast Inn (“the Plaintiff’ or “SCW”) is the owner of the Gold Coast Inn, a…

2Cases cited50 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  4. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  5. Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978

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3Cited by20 opinions

  1. Olin Corp. v. Insurance Co. of North AmericaDistrict Court, S.D. New York · 2016
  2. In re Am. Express Anti-Steering Rules Antitrust Litig.District Court, E.D. New York · 2019
  3. Sunrise One, LLC v. Harleysville Ins. Co. of N.Y.District Court, E.D. New York · 2018
  4. Adelaida Martinez v. Staten Island University Hospital; Karyn Treval, In Her Individual and Official Capacities; and Antoinette Henderson, In Her Individual and Official CapacitiesDistrict Court, E.D. New York · 2026
  5. American European Insurance Co. v. Congregation Horei Besomim Stree and David GeldzahlerDistrict Court, E.D. New York · 2025

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