Legal Opinion
Public Service Mutual Insurance v. Levy
New York Supreme Court
Decided September 30, 1976PublishedCited by 10 opinions
1Opinion of the CourtLouis I. Kaplan, J.
Plaintiff insurance company brings this action for a declaratory judgment holding that it is not obligated to pay any amount awarded against the insured defendant, Dr. Kenneth Levy, or to otherwise indemnify him under its malpractice liability policy.
On August 17, 1973, Dr. Levy, a dentist specializing in oral surgery, extracted a tooth from Ada Colon, and thereafter prescribed penicillin and darvon.
It is difficult to tell from the autopsy report which medication, or how much of each, was ingested by Mrs. Colon. However, the report indicates she took at least one penicillin pill: "Returned…
2Cases cited13 opinions
- Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
- Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
- Melcher v. . Ocean Accident Guarantee Corp.New York Court of Appeals · 1919
- Haas Tobacco Co. v. . American Fidelity Co.New York Court of Appeals · 1919
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Olin Corp. v. Insurance Co. of North AmericaCourt of Appeals for the Second Circuit · 1992
- Burt Rigid Box Inc. v. Travelers Property Casualty Corp.District Court, W.D. New York · 2001
- Public Service Mutual Insurance v. LevyAppellate Division of the Supreme Court of the State of New York · 1977
- Health Insurance Ass'n of America v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1990
- Mahl Brothers Oil Co., Inc. v. St. Paul Fire & Marine Ins. Co.District Court, W.D. New York · 2004
5 more not listed; retrieve them via the Exa API.