Legal Opinion
Pennsylvania General Insurance v. Kielon
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1985PublishedCited by 10 opinions
1Opinion of the Court
Order unanimously af*710firmed, without costs. Memorandum: Defendant Kielon is a gunsmith. Either he or one of his employees sold gunpowder to 15- and 17-year-old brothers. The 15 year old attempted to construct a pipe bomb in the basement of his home; the powder exploded and he was fatally injured. A wrongful death action was commenced against Kielon, and he tendered the defense of the suit to plaintiff, his liability insurer. Plaintiff thereafter brought this action for declaratory judgment, seeking a declaration that it has no duty to defend or indemnify Kielon. The complaint alleges that the…
2Cases cited3 opinions
- Sears Oil Co. v. Merchants Insurance GroupAppellate Division of the Supreme Court of the State of New York · 1982
- Farm Bureau Mutual Insurance Co. of Arkansas, Inc. v. LyonSupreme Court of Arkansas · 1975
- Novak v. All City InsuranceNew York Court of Appeals · 1978
3Cited by10 opinions
- Taurus Holdings v. US FidelitySupreme Court of Florida · 2005
- Brazas Sporting Arms, Inc. v. American Empire Surplus Lines InsuranceCourt of Appeals for the First Circuit · 2000
- Atlantic Mutual Insurance Company, Cross-Appellant v. Truck Insurance Exchange, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1986
- Rhinebeck Bicycle Shop, Inc. v. Sterling InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Beretta, U.S.A., Corp. v. Federal InsuranceDistrict Court, D. Maryland · 2000
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