Centennial Insurance v. New York Casualty Insurance

Appellate Division of the Supreme Court of New York

Centennial Insurance v. New York Casualty Insurance

144 A.D.2d 900, 535 N.Y.S.2d 574, 1988 N.Y. App. Div. LEXIS 14341

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

DecidedNovember 15, 1988

StatusPublished

This text of 144 A.D.2d 900 (Centennial Insurance v. New York Casualty Insurance) 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

Centennial Insurance v. New York Casualty Insurance, 144 A.D.2d 900, 535 N.Y.S.2d 574, 1988 N.Y. App. Div. LEXIS 14341 (N.Y. Ct. App. 1988).

Pincite

Opinion

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Special Term was correct in declaring that defendant’s policy of liability insurance was in effect at the time of the loss. The court, however, failed to pass upon the applicability of the plaintiff’s liability policy, which issue was also before it for determination. The record establishes that plaintiff’s policy of insurance was in effect and also provided liability coverage at the time of the loss. The judgment of Special Term must, therefore, be modified accordingly. We make no other findings with respect to the obligations of the parties under their respective policies. (Appeal from judgment of Supreme Court, Onondaga County, Murphy, J. — declaratory judgment.) Present — Dillon, P. J., Doerr, Green, Pine and Lawton, JJ.

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Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Special Term was correct in declaring that defendant’s policy of liability insurance was in effect at the time of the loss. The court, however, failed to pass upon the applicability of the plaintiff’s liability policy, which issue was also before it for determination. The record establishes that plaintiff’s policy of insurance was in effect and also provided liability coverage at the time of the loss. The judgment of Special Term must, therefore, be modified accordingly. We make no other findings with respect to the obligations of the parties under their respective policies. (Appeal from judgment of Supreme Court, Onondaga County, Murphy, J. — declaratory judgment.) Present — Dillon, P. J., Doerr, Green, Pine and Lawton, JJ.

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Bluebook (online)

144 A.D.2d 900, 535 N.Y.S.2d 574, 1988 N.Y. App. Div. LEXIS 14341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/centennial-insurance-v-new-york-casualty-insurance-nyappdiv-1988.