Alliance Casualty Co. v. Miele

Appellate Division of the Supreme Court of New York

Alliance Casualty Co. v. Miele

249 A.D. 650, 291 N.Y.S. 433, 1936 N.Y. App. Div. LEXIS 5394

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 30, 1936

StatusPublished

Cited by3 cases

This text of 249 A.D. 650 (Alliance Casualty Co. v. Miele) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alliance Casualty Co. v. Miele, 249 A.D. 650, 291 N.Y.S. 433, 1936 N.Y. App. Div. LEXIS 5394 (N.Y. Ct. App. 1936).

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Opinion

In an action by the insurance company to recover premiums, the defendants interposed counterclaims for legal services and for the amount paid in settlement of a suit when the plaintiff disclaimed liability under its indemnity policy and refused to defend. It was obligated under the terms of the policy to defend suits, whether groundless or not. It failed in its obligation to defend the claim either for workmen’s compensation or in the suit subsequently brought. It cannot now complain of the reasonable settlement made by the defendants in the suit. Judgment of the County Court of Nassau county unanimously affirmed, with costs. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Adel, JJ.

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In an action by the insurance company to recover premiums, the defendants interposed counterclaims for legal services and for the amount paid in settlement of a suit when the plaintiff disclaimed liability under its indemnity policy and refused to defend. It was obligated under the terms of the policy to defend suits, whether groundless or not. It failed in its obligation to defend the claim either for workmen’s compensation or in the suit subsequently brought. It cannot now complain of the reasonable settlement made by the defendants in the suit. Judgment of the County Court of Nassau county unanimously affirmed, with costs. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Adel, JJ.

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Bluebook (online)

249 A.D. 650, 291 N.Y.S. 433, 1936 N.Y. App. Div. LEXIS 5394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alliance-casualty-co-v-miele-nyappdiv-1936.

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