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· 11/2/1945

Goldman v. Rafel Estates, Inc.

Citations

  • 269 A.D. 647
  • 58 N.Y.S.2d 168

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying the same well-established rule of law, and holding that the inured’s conviction for manslaughter in the second degree based upon his reckless conduct was insufficient as a matter of law to establish that the insured intended all of the underlying plaintiff’s injuries
  • no duty to de fend if there is “no possible factual or legal basis on which it might eventually be obligated to indemnify”
  • coverage was found even though the insured pleaded guilty of reckless crime where the victim was killed when a gun accidentally discharged while being cleaned by the insured
  • coverage was found even though the insured pleaded guilty of reckless crime where the victim was killed when a gun accidentally discharged while being cleaned by the insured
  • “In limited circumstances, a particular issue expressly or necessarily decided in a criminal proceeding may be given preclusive effect in a subsequent affected civil action.” (emphasis added)
  • “[A]n insurer can be relieved of its duty to defend if it establishes as a matter of law that there is no possible factual or legal basis on which it might eventually be obligated to indemnify its insured under any policy provision.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cohn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.