Legal Opinion

Axis Insurance Co. v. Stewart

District Court, N.D. New York

Decided July 29, 2016No. 7:15-CV-1131PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM—DECISION and ORDER

DAVID N. HURD, United States District Judge

I. INTRODUCTION

This is an insurance coverage dispute between plaintiff/counter-defendant Axis Insurance Company (“Axis”) and defendant/counter-claimant Anthony Wayne Stewart (“Stewart”). Axis seeks a judgment declaring that it is not obligated to defend or indemnify Stewart, a professional race car driver, in connection with a wrongful death lawsuit that has been brought against him by the estate of Kevin A. Ward, Jr. (‘Ward”), a fellow driver who was killed when Stewart’s car struck him during a race. Stewart contests…

2Cases cited27 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. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  4. Jeffreys v. City of New YorkCourt of Appeals for the Second Circuit · 2005
  5. Joseph v. Treglia v. Town of ManliusCourt of Appeals for the Second Circuit · 2002

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3Cited by6 opinions

  1. Sunrise One, LLC v. Harleysville Ins. Co. of N.Y.District Court, E.D. New York · 2018
  2. Bryant v. General Casualty Company of WisconsinDistrict Court, N.D. New York · 2020
  3. Griffith v. Boll & Branch, LLCDistrict Court, S.D. California · 2020
  4. Mohawk Gaming Enterprises, LLC v. Affiliated FM Insurance Co.District Court, N.D. New York · 2021
  5. NextGear Capital, Inc. v. Tristate Auto Service Center, Inc.District Court, E.D. New York · 2025

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