Legal Opinion
Royal Indemnity Co. v. Kay
New York Supreme Court
Decided January 10, 1966PublishedCited by 3 opinions
1Opinion of the CourtMario Pittoni, J.
Plaintiff insurer (hereinafter called the “Company”) demands judgment permitting it to withdraw from the defense of a lawsuit brought by John Amatulli, an injured person, against the insured, Robert Kay, in respect to an accident which occurred January 21, 1962, and permitting it to disclaim the obligation to defend or to satisfy any judgment recovered by Amatulli against Kay because of Kay’s failure to co-operate with the Company.
Although the Amatulli-Kay accident occurred January 21, 1962, the Company received no notice of the accident from anyone until October 24,1963 when it received a…
2Cases cited6 opinions
- Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Haas Tobacco Co. v. . American Fidelity Co.New York Court of Appeals · 1919
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Shalita v. American Motorists InsuranceAppellate Division of the Supreme Court of the State of New York · 1943
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3Cited by3 opinions
- Allstate Insurance v. GrossNew York Court of Appeals · 1970
- Allstate Insurance v. FlaumenbaumNew York Supreme Court · 1970
- In re the Arbitration between Kelly & Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1968