Legal Opinion

Simplexdiam, Inc. v. Brockbank

Appellate Division of the Supreme Court of the State of New York

Decided June 5, 2001PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, P. J.

This is an appeal by an excess insurer affording $3.5 million of additional coverage, “excess of $500,000 each and every loss,” under a conventional all risks jewelers block insurance policy, from the denial of its motion for summary judgment dismissing the complaint for failure to show a loss in excess of the $500,000 threshold necessary to trigger its obligation to pay. The alleged insurable loss, calculated at $1,687,779, is based on an inventory loss that took place over a nine-month period.

Plaintiff Simplexdiam, Inc. (Simplex), a Manhattan-based…

2Cases cited7 opinions

  1. Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
  2. County of Columbia v. Continental InsuranceNew York Court of Appeals · 1994
  3. Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
  4. Lavine v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1933
  5. Throgs Neck Bagels, Inc. v. GA InsuranceAppellate Division of the Supreme Court of the State of New York · 1998

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Roundabout Theatre Co. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Xl Specialty Insurance v. Level Global InvestorsDistrict Court, S.D. New York · 2012
  3. Topliffe v. US Art Co.Appellate Division of the Supreme Court of the State of New York · 2007
  4. 40 Gardenville, LLC v. Travelers Property Casualty of AmericaDistrict Court, W.D. New York · 2005
  5. Kidalso Gas Corp. v. Lancer InsuranceAppellate Division of the Supreme Court of the State of New York · 2005

3 more not listed; retrieve them via the Exa API.

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