· 10/27/2005
Maroney v. NY CENT. MUT. FIRE
Citations
- 839 N.E.2d 886
- 5 N.Y.3d 467
- 805 N.Y.S.2d 533
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[i]f the insurer intended to limit [an] exclusion * * * it could have done so explicitly, as it does in the very same policy’s * * * provisions”
- “[t]he words arising out of have broader significance ... and are ordinarily understood to mean originating from, incident to, or having connection with....”
- “Because the insurer joined the insured in seeking a declaration of its rights ... Insurance Law § 3420 does not preclude consideration of the coverage issues in this case”
- \An insurer does not wish to be liable for losses arising from risks associated with a premises for which the insurer has not evaluated the risk and received a premium....\
- \An insurer does not wish to be liable for losses arising from risks associated with a premises for which the insurer has not evaluated the risk and received a premium....\
- using “arise out of” and “arise from” interchangeably
Source: CourtListener parenthetical corpus (CC0).
Judges: Chief Judge Kaye and Judges G.B. Smith, Graffeo, Read and R.S. Smith Concur With Judge Ciparick Judge Rosenblatt Dissents and Votes to Reverse in a Separate Opinion
Read full opinion on CourtListenerSourced 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.