12 New York opinions name it 2 courts 1997–2022 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Physicians' Reciprocal Insurers v. Loebgreen2 sentences2014“The duty of an insurer to defend its insured arises whenever the allegations within the four corners of the underlying complaint potentially give rise to a covered claim” (Physicians’ Reciprocal Insurers v Loeb, 291 AD2d 541, 542 [2002]). 2009Co., 91 NY2d 169 [1997]). “[T]he duty of an insurer to defend its insured arises whenever the allegations within the four corners of the underlying complaint potentially give rise to a covered claim” (Physicians’ Reciprocal Insurers v Loeb, 291 AD2d 541, 542 [2002]). | 5 | 5 |
Fitzpatrick v. American Honda Motor Co.green2 sentences2007It is well established that “[t]he duty of an insurer to defend its insured arises whenever the allegations within the four corners of the underlying complaint potentially give rise to a covered claim” (Physicians’ Reciprocal Insurers v Loeb, 291 AD2d 541, 542 [2002]), or whenever the insurer “has actual knowledge of facts establishing a reasonable possibility of coverage” (Fitzpatrick v American Honda Motor Co., 78 NY2d 61, 67 [1991]). 2002The duty of an insurer to defend its insured arises whenever the allegations within the four corners of the underlying complaint potentially give rise to a covered claim, or where the insurer “has actual knowledge of facts establishing a reasonable possibility of coverage” (Fitzpatrick v American Honda Motor Co., 78 NY2d 61, 65-67 ; see, Frontier Insulation Contrs. v Merchants Mut. | 1 | 6 |
Cheektowaga Central School District v. Burlington Insurancegreen1 sentence2009Co., 32 AD3d 1265, 1267-1268 [2006]; 1 Ostrager and Newman, Insurance Coverage Disputes § 11.01, at 892 [14th ed] [although “ ‘other insurance’ clauses may operate to convert a primary policy into an excess policy . . ., insurance purchased as primary coverage must respond to a covered claim before policies specifically purchased as secondary coverage, regardless of the presence of ‘other insurance’ clauses in the primary policies” (citations omitted)]). . | 1 | 1 |
Zuckerman v. City of New Yorkgreen1 sentence2007In opposition, Dr. Giugliano failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., supra at 324; Zuckerman v City of New York, supra at 562). | 1 | 1 |
Alvarez v. Prospect Hospitalgreen1 sentence2007In opposition, Dr. Giugliano failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., supra at 324; Zuckerman v City of New York, supra at 562). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Federal Insurance v. Kozlowski
green
1 sentence2022At this juncture, the parties' dispute is not an allocation dispute concerning the insurer's obligation to advance defense costs allocated to a covered claim, but a coverage dispute concerning whether the arbitration award is a final adjudication that triggers the fraud and contract exclusions of the policy ( see Kozlowski, 18 AD3d at 41-42 ). | 1 | 2022–2022 |
Frontier Insulation Contractors, Inc. v. Merchants Mutual Insurance
green
1 sentence2009Co., 91 NY2d 169 [1997]). “[T]he duty of an insurer to defend its insured arises whenever the allegations within the four corners of the underlying complaint potentially give rise to a covered claim” (Physicians’ Reciprocal Insurers v Loeb, 291 AD2d 541, 542 [2002]). | 1 | 2009–2009 |
Worth Constr. v. Admiral Ins.
green
1 sentence2009As the broad duty to defend “ ‘arises whenever the allegations within the four corners of the underlying complaint potentially give rise to a covered claim’ ” (Worth, 10 NY3d at 415 , quoting Frontier Insulation Contrs. v Merchants Mut. | 1 | 2009–2009 |
Barry v. Romanosky
green
1 sentence2008The allegations of negligence in the complaint implied an unintentional or unexpected event which potentially gives rise to a covered claim as against Filer (see Barry v Romanosky, 147 AD2d 605 [1989]). | 1 | 2008–2008 |
Curtis v. Nutmeg Insurance
green
1 sentence1997Co., 204 AD2d 833, 834 , lv dismissed 84 NY2d 1027 ), for even where a complaint on its face fails to state a covered claim an "insurer must provide a defense if it has knowledge of facts which potentially bring the claim within the policy’s indemnity coverage” (Fitzpatrick v American Honda Motor Co., 78 NY2d 61, 66 ). | 1 | 1997–1997 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.