Willets Point Contracting Corp. v. Hartford Insurance Group
Cases that cite this one
7 later published cases cite this decision.
- Aetna Casualty & Surety Company, Cross-Appellee v. General Time Corporation and Talley Industries, Inc., Cross-Appellants (2d Cir. 1983)
- City of Johnstown, New York v. Bankers Standard Insurance Company, Pacific Employers Insurance Company (2d Cir. 1989)
- Ogden Corp. v. Travelers Indemnity Co. (District Court, S.D. New York 1988)
- Unifoil Corp. v. CNA Ins. Companies (N.J. Super. Ct. App. Div. 1987)
- Hotel des Artistes, Inc. v. General Accident Insurance of America (Appellate Division of the Supreme Court of New York 2004)
- Bernstein v. National Union Fire Insurance (Appellate Division of the Supreme Court of New York 1992)
- Sterilite Corp. v. Continental Casualty Co. (Mass. App. Ct. 1983)
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 of the Court
OPINION OF THE COURT
Memorandum:.
The order of the Appellate Division should be affirmed, with costs.
While the comprehensive general liability policy’s broad definition of property damage provides coverage for loss of use of tangible personal property without physical damage thereto, exclusion “(m)” explicitly disclaims coverage where the injury results from a breach of contract, as in this case. As to the umbrella policy, its narrower definition of property damage does not encompass the nonphysical injury suffered by the plaintiff. Thus even though the alleged “ultimate net loss” was in excess of this policy’s $10,000 “retained limit”, the insurer’s obligation to indemnify was not triggered.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.