St. Paul Fire & Marine Insurance v. United States Fidelity & Guaranty Co.
Cases that cite this one
29 later published cases cite this decision. The 25 that cite it most often are listed here.
- General Star National Insurance Company v. Liberty Mutual Insurance Company (3d Cir. 1992)
- New England Insurance v. Healthcare Underwriters Mutual Insurance (District Court, E.D. New York 2001)
- Scottsdale Insurance v. Indian Harbor Insurance (District Court, S.D. New York 2014)
- New England Insurance Company v. Healthcare Underwriters Mutual Insurance Company (2d Cir. 2002)
- New England Insurance v. Healthcare Underwriters Mutual Insurance (2d Cir. 2002)
- Munich Reinsurance America, Inc. v. American National Insurance (District Court, D. New Jersey 2014)
- Schwartz v. Liberty Mutual Insurance (2d Cir. 2008)
- Liberty Mutual Insurance v. American Home Assurance Co. (District Court, N.D. Illinois 2004)
- New England Insurance Company v. Healthcare Underwriters Mutual Insurance Company (2d Cir. 2003)
- Combustion Engineering, Inc. v. Imetal (District Court, S.D. New York 2003)
- New England Insurance v. Healthcare Underwriters Mutual Insurance (2d Cir. 2003)
- Allstate Insurance v. American Transit Insurance (District Court, E.D. New York 1997)
- Pavia v. State Farm Mutual Automobile Insurance (N.Y. 1993)
- Christiania General Insurance Corporation of New York v. Great American Insurance Company (2d Cir. 1992)
- DiBlasi v. Aetna Life & Casualty Insurance (Appellate Division of the Supreme Court of New York 1989)
- Wile v. James River Insurance Company (District Court, W.D. New York 2022)
- Vigilant Insurance Co. v. Travelers Property Casualty Co. of America (District Court, S.D. New York 2017)
- Russo v. Rochford (New York Supreme Court 1984)
- Lisi v. Nepola (Appellate Division of the Supreme Court of New York 1981)
- United States & Fidelity Guaranty Co. v. Copfer (N.Y. 1979)
- Weathers v. Tri State Consumer Insurance Co. (Appellate Division of the Supreme Court of New York 2017)
- Government Employees Insurance v. RLI Insurance (Appellate Division of the Supreme Court of New York 2015)
- Federal Insurance v. North American Specialty Insurance (Appellate Division of the Supreme Court of New York 2011)
- Schwartz v. Twin City (2d Cir. 2008)
- Kumar v. American Transit Insurance (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Although an insurance company in exclusive control of its insureds’ defense cannot be compelled to concede liability and settle a questionable claim before proof has been developed on all sides (e.g., Knoblock v Royal Globe Ins. Co., 38 NY2d 471), the defendant in this case refused to settle a claim in excess of its policy limits after liability had already been determined solely on factual issues by a jury (see Di Tomasso v Brookhattan Utilities, 40 AD2d 989, mot for lv to app den 32 NY2d 609). Under these circumstances, with liability having been established at trial, the excess carrier alone was placed at further risk due to the defendant’s intractable opposition to any settlement of the claim.
Given a record which adequately supports these affirmed findings, amounting to a breach of the defendant’s implied *979 obligation to manage its insureds’ defense in good faith (see, e.g., Gordon v Nationwide Mut. Ins. Co., 30 NY2d 427, cert den 410 US 931; cf. Insurance Law, § 40-d, added by L 1970, ch 296, § 1), the imposition of liability for the excess judgment borne by the plaintiff was appropriate (see Kulak v Nationwide Mut. Ins. Co., 40 NY2d 140; Decker v Amalgamated Mut. Cas. Ins. Co., 35 NY2d 950).
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.