Bankers Trust Co. v. Hartford Accident & Indem. Co., 621 F. Supp. 685 (S.D.N.Y. 1981). · Go Syfert
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Bankers Trust Co. v. Hartford Accident & Indem. Co., 621 F. Supp. 685 (S.D.N.Y. 1981). Cases Citing This Book View Copy Cite
23 citation events (7 in the last 25 years) across 16 distinct courts.
Strongest positive: Boyce Thompson Institute for Plant Research, Inc. v. Insurance Co. of North America (nysd, 1990-12-03)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "see" Boyce Thompson Institute for Plant Research, Inc. v. Insurance Co. of North America
S.D.N.Y. · 1990 · signal: see · confidence high
See Bankers Trust Co. v. Hartford Accident & Indemnity Co., 518 F.Supp. 371 , vacated, 621 F.Supp. 685 (S.D.N.Y.1981); Broadwell Realty Services, Inc. v. Fidelity & Casualty Co., 218 N.J.Super. 516 , 528 A.2d 76, 82 (App.Div.1987) (“[Abatement remedies designed to prevent imminent and immediate damage to third parties cannot be denied on the basis of the owned property exclusion.”) Therefore, the fact that the clean-up has occurred only on the Truman Avenue site is of little consequence.
cited Cited "see, e.g." Schnitzer Investment Corp. v. Certain Underwriters at Lloyd's of London
Or. · 2006 · signal: see, e.g. · confidence low
See, e.g., Bankers Trust Co. v. Hartford Acc. & Indem., 518 F Supp 371 , vacated on other grounds, 621 F Supp 685 (SDNY 1981).
discussed Cited "see, e.g." International Commodities Export Corp. v. American Home Assurance Co.
S.D.N.Y. · 1988 · signal: see, e.g. · confidence low
See, e.g., Bankers Trust Co. v. Hartford Accident and Indemnity Co., 518 F.Supp. 371, 374 (S.D.N.Y.), vacated on other grounds, 621 F.Supp. 685 (S.D.N.Y.1981) (defendant liable to plaintiff for costs incurred in correcting pollution problem, even though plaintiff’s liability policy did not specifically cover such costs, because defendant received a benefit from the expenditure); Goodyear Rubber & Supply, Inc. v. Great American Insurance Co., 545 F.2d 95, 96 (9th Cir.1976) (payments made to salvors who saved a burning barge *456 reimbursable on equitable grounds because “it would be a stran…
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BANKERS TRUST COMPANY and Great Lakes Realty Corp., Plaintiffs,
v.
HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant
80 Civ. 2782(MEL).
District Court, S.D. New York.
Nov 4, 1981.
621 F. Supp. 685
Lasker.
Cited by 18 opinions  |  Published

MEMO-ORDER

LASKER, District Judge.

By Memorandum-Order, dated July 22, 1981, this Court granted summary judgment to plaintiffs Bankers Trust Company and Great Lakes Realty Corp. (“Bankers”) as to that portion of its complaint which sought indemnification from defendant Hartford Accident and Indemnity Company (“Hartford”) under the subject insurance policies for clean-up operations to the property of third persons as well as to the property of Bankers as a consequence of the oil leak discovered at Bankers property on June 15, 1977 by the United States Coast Guard. Bankers Trust Company and Great Lakes Realty Corp. v. Hartford Accident and Indemnity Company, 518 F.Supp. 371 (S.D.N.Y.1981).

Thereafter, Hartford moved for reargument pursuant to Rule 3(j) of the Civil Rules of this Court and Bankers cross-moved for entry of final judgment, pursuant to F.R.Civ.P. 54(b) as to those claims for which this Court awarded summary judgment to Bankers. Oral argument was held on these motions on October 30, 1981.

Counsel for Hartford has urged that if permitted to submit supplemental affidavits he can establish that a factual issue exists which precludes the granting of summary judgment to Bankers on its claim for clean-up expenses. In order that the Court may have a complete record before it, I am permitting Hartford to submit these additional materials. While I am mindful of the cogent arguments presented by counsel for Bankers in urging that my original grant of summary judgment be adhered to, I am convinced that the interests of justice will best be served by permitting Hartford to make a full and complete record prior to the entry of any final judgment herein.

Accordingly, I am vacating my Memorandum-Order dated July 22, 1981 and, upon submission of the additional materials to be presented by Hartford, I shall determine Bankers’ motion for summary judgment de novo.

It is so ordered.