Legal Opinion

Colonial Tanning Corp. v. Home Indemnity Co.

District Court, N.D. New York

Decided December 20, 1991No. 90-CV-900PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

For the most part, the issues raised by these motions do not present uncharted waters for this court. On several previous occasions the court has been confronted with legal issues which commonly arise when an insured is seeking to have its insurance company defend and/or indemnify it in an underlying environmental proceeding. See, e.g., State of New York v. Blank, 745 F.Supp. 841 (N.D.N.Y.1990) (McCurn, C.J.), stay granted, 1991 WL 208883 1991 U.S.Dist. LEXIS 14,582 (N.D.N.Y.1991); Becker Electronics Manufacturing Corp. v. Granite State…

2Cases cited38 opinions

  1. Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
  2. Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
  3. Maury A. Ryan, D/B/A Ryan, Klimek, Ryan Partnership v. Royal Insurance Company of America, Etc.Court of Appeals for the First Circuit · 1990
  4. Technicon Electronics Corp. v. American Home Assurance Co.New York Court of Appeals · 1989
  5. International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974

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3Cited by20 opinions

  1. Employers Ins. of Wausau v. Tektronix, Inc.Court of Appeals of Oregon · 2007
  2. New York v. BlankCourt of Appeals for the Second Circuit · 1994
  3. Aeroquip Corporation v. Aetna Casualty and Surety Company, Inc.Court of Appeals for the Ninth Circuit · 1994
  4. Ment Bros. Iron Works Co. v. Interstate Fire & Casualty Co.Court of Appeals for the Second Circuit · 2012
  5. State of New York v. Walter T. Blank and Abalene Pest Control Service, Inc., and Orkin Exterminating Company, Inc., Walter T. Blank and Abalene Pest Control Service, Inc., Third-Party v. New York State Department of Environmental Conservation, New England Marine Contractors, Inc., Third-Party National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Capital Mutual Insurance Co., Third-Party Capital Mutual Insurance Co., Fourth-Party Plaintiff-Appellee-Cross-Appellant v. New York Mutual Underwriters, Commercial Mutual Insurance Company, Formerly Known as Cooperative Fire Insurance Company of Catskill, New York, Security Mutual Fire Insurance Company, and Sterling Insurance Company, Fourth-Party Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 1994

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