You are here: / / QUESTION OF FACT WHETHER CONTRACTUAL SUBROGATION PROVISIONS APPLIED TO...
,

QUESTION OF FACT WHETHER CONTRACTUAL SUBROGATION PROVISIONS APPLIED TO CERTAIN POLICIES COVERING INJURY BY LEAD PAINT.

The First Department, in a case reversed and remitted by the Court of Appeals, determined there was a question of fact whether contractual subrogation provisions applied to certain policies covering injury by lead paint (remitting the case to Supreme Court). The Court of Appeals had held the antisubrogation rule did not apply to preclude recovery:

Given the ambiguities in the relevant agreements, we cannot find as a matter of law that the insurers are entitled to contractually subrogate to ANP’s indemnification rights. On remand, the motion court is to consider the intent of these provisions in light of the extrinsic evidence. Millennium Holdings LLC v Glidden Co., 2017 NY Slip Op 00258, 1st Dept 1-17-17

INSURANCE LAW (LEAD PAINT, SUBROGATION, QUESTION OF FACT WHETHER CONTRACTUAL SUBROGATION PROVISIONS APPLIED TO CERTAIN POLICIES COVERING INJURY BY LEAD PAINT)/SUBROGATION (INSURANCE LAW, LEAD PAINT, QUESTION OF FACT WHETHER CONTRACTUAL SUBROGATION PROVISIONS APPLIED TO CERTAIN POLICIES COVERING INJURY BY LEAD PAINT)/LEAD PAINT (INSURANCE LAW, LEAD PAINT, QUESTION OF FACT WHETHER CONTRACTUAL SUBROGATION PROVISIONS APPLIED TO CERTAIN POLICIES COVERING INJURY BY LEAD PAINT)

You might also like
FAILURE TO ATTEND INDEPENDENT MEDICAL EXAMINATIONS SET UP BY NO-FAULT CARRIER IS AN ABSOLUTE DEFENSE TO COVERAGE (FIRST DEPT).
PLAINTIFFS’ LEGAL MALPRACTICE ACTION SHOULD NOT HAVE BEEN DISMISSED; PLAINTIFFS’ 2010 BREACH OF A CONDOMINIUM-SALE CONTRACT ACTION WAS DISMISSED ON STATUTE OF FRAUDS GROUNDS; WHEN A WRITTEN CONTRACT SUBSEQUENTLY SURFACED, DEFENDANT ATTORNEYS DID NOT MOVE TO RENEW, VACATE OR APPEAL THE ORDER (FIRST DEPT).
THE CONTRACTOR COULD NOT ESCAPE LIABILITY FOR PAYMENT OF THE SUBCONTRACTOR; THE PAY-WHEN-PAID CLAUSE IN THE CONTRACT IS INVALID; NOTHING IN THE CONTRACT INDICATED THE CONTRACTOR WAS ACTING SOLELY AS AN AGENT FOR THE OWNER (FIRST DEPT).
WAIVER OF APPEAL ENCOMPASSES APPELLATE DIVISION’S INTEREST-OF-JUSTICE JURISDICTION, INCLUDING THE POWER TO REVIEW THE HARSHNESS OF AN AGREED SENTENCE.
UNDER OHIO LAW, CLAIMS ASSERTED IN DEMAND FOR ARBITRATION FELL WITHIN THE SCOPE OF EXCLUSIONS FOR KNOWLEDGE OF FALSITY OF STATEMENTS BY THE INSURED AND BREACH OF CONTRACT BY THE INSURED.
DEFENDANT, IN THE PLEA COLLOQUY, SAID SHE ACTED IN SELF DEFENSE; AT THAT POINT THE JUDGE SHOULD HAVE MADE SURE SHE WAS AWARE SHE WAS WAIVING THE JUSTIFICATION DEFENSE (FIRST DEPT).
NYC TAXI AND LIMOUSINE COMMISSION’S RULES RE: HYBRID AND WHEELCHAIR ACCESSIBLE TAXICABS AND LIVERY VEHICLES UPHELD.
THE TERM “ECONOMIC SECURITY” IN THE NYU FACULTY HANDBOOK DID NOT PROHIBIT A POLICY (THE “REF” POLICY) TYING A TENURED FACULTY MEMBERS’ SALARY-REDUCTION TO THE AMOUNT OF GRANTS PROCURED IN A GIVEN YEAR; THE REF POLICY WAS NOT A DISCIPLINARY PROCEDURE; A SPECIFIC SALARY FIGURE IN A TENURED FACULTY MEMBER’S CONTRACT, HOWEVER, COULD NOT BE REDUCED PURSUANT TO THE REF POLICY (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

TOWN BOARD OF ASSESSMENT REVIEW IS A QUASI-JUDICIAL BODY IMMUNE FROM SUIT, 42... PLANK USED TO CROSS GAP IN ROOF COLLAPSED, PLAINTIFF ENTITLED TO SUMMARY JUDGMENT...