1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 36 N.Y.2d
  5. 36 N.Y.2d 719 (1975)
 

MATTER OF EMPIRE MUT. INS. CO.

36 N.Y.2d 719 (1975)

In the Matter of the Arbitration between Empire Mutual Insurance Company, Respondent, and Ermyn Stroud, Respondent, and Boston Old Colony Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided March 19, 1975.

Attorney(s) appearing for the Case

Robert M. Grubbs and Joseph D. Ahearn for appellant.

Philip Hoffer, Rose L. Hoffer and Peter T. Affatato for petitioner-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

We agree with the Appellate Division that Boston Old Colony Insurance Company, the alleged tort-feasors' insurance company, was not justified in disclaiming liability because of non-co-operation of its insureds.

There is a threshold question. Although a contrary rule obtains elsewhere and in other arbitrational settings we would be disposed to hold otherwise, we nonetheless conclude that under our decisions in Matter of MVAIC (Malone) (...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases