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Tag Archives: Insurance Contract

Court of Appeals – Universal American Corp. v. National Union Fire Insurance Company of Pittsburgh, PA

New York State Court of Appeals Insurance Contract Interpretation Universal American Corp. v. National Union Fire Insurance Company of Pittsburgh, PA No. 95 Judge Rivera Background: At issue is whether an insuring agreement for computer systems fraud that applies to ...

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New York State Court of Appeals – Insurance Contract: Platek, et al. v. Town of Hamberg, et al.

New York State Court of Appeals – Insurance Contract – Policy Exclusion – Express Purpose   Platek, et al. v. Town of Hamberg, et al. No. 21 Judge Read   Background: A subsurface water main abutting the plaintiffs’ property ruptures ...

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Fourth Department – Wirth v. Liberty Mutual Insurance Company

Appellate Division, Fourth Department Insurance Contract Policy Coverage – Ordinary Usage of Terms Wirth v. Liberty Mutual Insurance Company CA 14-00139 Appealed from Supreme Court, Seneca County Background: The plaintiffs commenced an action seeking to recover under a policy of ...

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Fourth Department — Insurance Contract: North Country Ins. Co. v. Raspante

Appellate Division, Fourth Department  Insurance Contract Exclusion Clause — Notice North Country Ins. Co. v. Raspante CA 13-01324 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced an action seeking a declaration that it is not obligated to defend ...

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Second Circuit — Insurance Contract: Exec. Plaza, LLC v. Peerless Ins. Co.

U.S. Court of Appeals for the Second Circuit Insurance Contract Replacement Costs — Reasonable Time Limitations Exec. Plaza, LLC v. Peerless Ins. Co. 12-1470-cv Judges Winter, Chin and Droney Background: The plaintiff appealed from a judgment dismissing its claim that ...

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Second Circuit — Insurance Contract: Nunn v. Massachusetts

U.S. Court of Appeals for the Second Circuit Insurance Contract Reasonable Expectation Doctrine Nunn v. Massachusetts 12-3712 Judges Leval, Wesley and Hall Background: The plaintiffs, former basketball referees, applied for disability insurance. The plaintiffs alleged that the term “total disability” ...

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Court of Appeals — Insurance Contract: Executive Plaza v. Peerless Insurance Company

New York State Court of Appeals Insurance Contract Unenforceable Clause — Property Replacement — Limitation of Time Executive Plaza v. Peerless Insurance Company No. 2 Judge Smith Background: At issue is a fire insurance policy that contained a clause limiting ...

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Fourth Department — Insurance Contract: Lobello v. New York Central Mutual Fire Insurance Company

Appellate Division, Fourth Department Insurance Contract Statute of Limitations — Complete Discovery Lobello v. New York Central Mutual Fire Insurance Company CA 13-00012 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced a declaratory action that the insurance policy at ...

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Fourth Department — Insurance Contract: Conley & Tibbitts Properties LLC v. Leatherstocking cooperative Insurance Company

Appellate Division, Fourth Department Insurance Contract Exclusion for Increased Costs Conley & Tibbitts Properties LLC v. Leatherstocking cooperative Insurance Company CA 13-00372 Appealed from Supreme Court, Oneida County Background: The plaintiff appealed from an order that denied its motion for ...

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Fourth Department — Insurance Contract — Breach of Contract: 5 Awnings Plus, Inc. v. Moses Insurance Group, Inc.

Appellate Division, Fourth Department Insurance Contract — Breach of Contract Negligence — Special Duty 5 Awnings Plus, Inc. v. Moses Insurance Group, Inc. CA 12-02300 Appealed from Supreme Court, Niagara County Background: The defendant procured workers’ compensation insurance for the ...

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