Legal Opinion
Maroney v. New York Central Mutual Fire Insurance
New York Court of Appeals
Decided October 27, 2005PublishedCited by 71 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPARICK, J.
The issue presented by this appeal is the meaning of the words “arising out of ’ in an “uninsured premises” exclusion contained in a homeowners insurance policy. Here we hold that “arising out of’ includes use of the premises (as urged by the insurer), and is not limited to the physical condition of the premises (as urged by the insured).
On June 19, 1997, a horse being led by Deborah Morris kicked the six-year-old plaintiff, Mark Maroney, in the forehead. Deborah Morris was an owner of Soft Meadow Stables, a business that boarded horses for a fee. The barn and…
2Cases cited8 opinions
- Lang v. Hanover InsuranceNew York Court of Appeals · 2004
- Aetna Casualty & Surety Co. v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Zandri Construction Co. v. Firemen's Insurance Co. of NewarkAppellate Division of the Supreme Court of the State of New York · 1981
- Zandri Construction Co. v. Stanley H. Calkins, Inc.New York Court of Appeals · 1981
- National Farmers Union Property & Casualty Co. v. Western Casualty & Surety Co.Utah Supreme Court · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Regal Construction Corp. v. National Union Fire InsuranceNew York Court of Appeals · 2010
- 242-44 East 77th Street, LLC v. Greater New York Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Maroney v. NY CENT. MUT. FIRENew York Court of Appeals · 2005
- Stout v. 1 East 66th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Christ the King Regional High School v. Zurich Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 2012
66 more not listed; retrieve them via the Exa API.