Legal Opinion
North River Insurance v. Dutchess County
District Court, S.D. New York
Decided January 17, 1995No. 93 Civ. 5657 (VLB)Published
1Opinion of the Court
MEMORANDUM ORDER
VINCENT L. BRODERICK, District Judge.
I
Plaintiff North River Insurance Company (“North River”) has moved for summary judgment declaring that it is not obligated to defend or indemnify the defendant Dutchess County (the “County”) under the County’s policy with North River with respect to allegations of improper law enforcement conduct asserted in Fodelmesi v. Schepperly, 87 Civ. 6762.
North River’s motion is denied.
II
North River’s responsibility to pay damages awarded against the County in Fodel-mesi turns upon whether or not an “occurrence” triggering potential liability on the…
2Cases cited12 opinions
- Continental Ore Co. v. Union Carbide & Carbon Corp.Supreme Court of the United States · 1962
- Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1979
- Tedla v. EllmanNew York Court of Appeals · 1939
- Consolidated Edison Co. of New York, Inc. v. Hartford InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
- Robins Island Preservation Fund, Inc. v. Southold Development CorporationCourt of Appeals for the Second Circuit · 1992
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