Legal Opinion
Tri Town Antlers Foundation, Inc. v. Fireman's Fund Insurance
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 1990PublishedCited by 7 opinions
1Opinion of the Court
The principal issue at trial and the sole issue on appeal is whether the public adjuster is an employee within the meaning of the policy. In its oral decision, the trial court found that the disputed provision is unambiguous, and construed it in plaintiff’s favor as a matter of law. Although we find that the provision is ambiguous, an affirmance nevertheless is required. Since resolution of the ambiguity does not depend upon extrinsic evidence (see, Hartford Acc. & Indem. Co. v Wesolowski, 33 NY2d 169, 172), we resolve the issue as a matter of law in favor of the policyholder and against the…
2Cases cited5 opinions
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- Atlantic Cement Co. v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Little v. Blue Cross of Western New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Atlantic Cement Co. v. Fidelity & Casualty Co.New York Court of Appeals · 1984
- Venigalla v. Penn Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by7 opinions
- Pepper v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Del Bello v. General Accident Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1992
- Boggs v. Commercial Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Tri Town Antlers Foundation, Inc. v. Fireman's Fund InsuranceNew York Court of Appeals · 1990
- Cellutech, Inc. v. Watertown Industrial Center Local Development Corp.Appellate Division of the Supreme Court of the State of New York · 2007
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