Legal Opinion

Xuan Qian v. New York College of Traditional Chinese Medicine

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

Decided February 14, 2012Published

1Opinion of the Court

In response to the defendant/third-party plaintiff’s prima facie showing of entitlement to judgment as a matter of law, the third-party defendant insurer State Farm Fire & Casualty Company (hereinafter State Farm) failed to raise a triable issue of fact as to the applicability of an exclusion in the relevant insurance policy pertaining to injuries inflicted during the provision of “professional services or treatments.” Accordingly, the defendant/third-party plaintiffs cross motion for summary judgment declaring that State Farm is obligated to defend and indemnify it in the main action should…

2Cases cited4 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Peerless Ins. v. Micro Fibertek, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Merchants Mutual Insurance v. Rutgers Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
  4. ACE Fire Underwriters Insurance v. Orange-Ulster Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2004

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