Legal Opinion

U.S. Underwriters Insurance v. Landau

District Court, E.D. New York

Decided January 19, 2010No. 1:05-cv-2049PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

VITALIANO, District Judge.

Plaintiff U.S. Underwriters Insurance Company (“USU”) entered into a contract for premises liability insurance with defendant Rachel Landau. USU brings this action for declaratory judgment pursuant to 28 U.S.C. §§ 1332 and 2201, seeking to disclaim coverage for any liability arising out of Landau’s ownership of a building which suffered a major fire that fatally injured one of its tenants and caused physical damage to neighboring property. Contending the liability coverage was properly disclaimed based on the failure of the insured to provide…

2Cases cited43 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Jeffreys v. City of New YorkCourt of Appeals for the Second Circuit · 2005
  4. Security Insurance Company of Hartford A/s/o Jt International Holdings, B v. V. Old Dominion Freight Line, Inc., Defendant-Cross-Claimant-Appellant v. Concord Transportation, Inc., Defendant-Cross-DefendantCourt of Appeals for the Second Circuit · 2004
  5. Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984

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3Cited by7 opinions

  1. Gelfman v. Capitol Indemnity Corp.District Court, E.D. New York · 2014
  2. Lumbermens Mutual Casualty Co. v. Flow International Corp.District Court, N.D. New York · 2012
  3. Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
  4. Erie Painting & Maintenance, Inc. v. Illinois Union InsuranceDistrict Court, W.D. New York · 2012
  5. Cable Mills v. Coakley Pierpan Dolan & Collins Insurance AgencyMassachusetts Appeals Court · 2012

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