Legal Opinion
Spatz v. Ætna Casualty & Surety Co.
New York Supreme Court
Decided October 24, 1962PublishedCited by 3 opinions
1Opinion of the CourtVincent A. Lupiano, J.
In this action for declaratory judgment between the insured and insurer, plaintiff, the insured, *951sets forth two causes of action. Plaintiff claims that an accident which occurred on February 20, 1955 comes within the coverage of the insurance policy issued to the plaintiff; or, if the accident is not covered by the terms of the insurance policy defendant by its conduct in connection with a prior accident waived the applicability of the exclusory provisions of the policy (cl. 11 [e] [2]) and should be estopped from the enforcement of such provisions.
The pertinent provisions of the policy are:
“…
2Cases cited4 opinions
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- Grand Union Co. v. General Accident, Fire & Life Assurance Corp.New York Court of Appeals · 1938
- Soper v. Fidelity & Casualty Co.New York Supreme Court · 1951
- Physical Culture Hotel, Inc. v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1946
3Cited by3 opinions
- Johnson v. National Union Fire Insurance Co. of PittsburghNew York Supreme Court · 1968
- 269 Associates v. YerkesCivil Court of the City of New York · 1982
- Mountain States Telephone & Telegraph Co. v. Granite State InsuranceCourt of Appeals of Arizona · 1982