· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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