Legal Opinion
Atlantic Casualty Insurance v. Northway Pool Service, Inc.
District Court, E.D. New York
Decided August 24, 2009No. 07CV4590(ADS)(ETB)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
SPATT, District Judge.
Presently before the Court is Atlantic’s motion for summary judgment seeking (1) a declaration that it is not obligated to cover, defend, or indemnify any party in connection with the death of Joseph P. Casey, and (2) dismissal of the counterclaims asserted against it. For the reasons that follow, the plaintiffs motion is denied.
I. BACKGROUND
This case arises out of the tragic death of Joseph P. Casey, which occurred while he was relaxing in his Jacuzzi hot tub. The following facts are derived from the parties’ submissions on the present…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
- Jose GOENAGA, Plaintiff-Appellant, v. MARCH OF DIMES BIRTH DEFECTS FOUNDATION, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1995
- John C. Donahue v. Windsor Locks Board of Fire Commissioners, John R. Colli, Jr., Russell C. Gabrielson, and John R. Colli, IIICourt of Appeals for the Second Circuit · 1987
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3Cited by1 opinion
- Atlantic Cas. Ins. Co. v. NORTHWAY POOL SERVICEDistrict Court, E.D. New York · 2009