Sanabria v. American Home Assurance Co.
Cases that cite this one
75 later published cases cite this decision. The 25 that cite it most often are listed here.
- Coregis Insurance v. Blancato (District Court, S.D. New York 1999)
- Aguasvivas v. Mountain Val. Indem. Co. (New York Supreme Court, Bronx County 2025)
- Aguasvivas v. Mountain Val. Indem. Co. (New York Supreme Court, Bronx County 2025)
- Georgitsi Realty, LLC v. Penn-Star Insurance Company (2d Cir. 2012)
- Arch Creek Yacht Sales, LLC v. Great American Insurance (11th Cir. 2011)
- National Casualty Co. v. Vigilant Insurance (District Court, S.D. New York 2006)
- North American Foreign Trading Corp. v. Mitsui Sumitomo Insurance USA, Inc. (District Court, S.D. New York 2006)
- U.S. Underwriters Insurance v. Congregation B'nai Israel (District Court, E.D. New York 1995)
- Western World Insurance v. Reliance Insurance (District Court, M.D. Pennsylvania 1995)
- Guaranty National Insurance v. American Motorists Insurance (District Court, D. Montana 1991)
- Levy v. NAT. UNION FIRE INS. CO. (District Court, S.D. New York 1989)
- Levy v. National Union Fire Insurance Co. of Pittsburgh (District Court, S.D. New York 1989)
- Lexington Ins. Co. v. New York Mar. & Gen. Ins. Co. (New York Supreme Court, New York County 2025)
- Akter v. Interboro Ins. Co. (New York Supreme Court, Bronx County 2024)
- Akter v. Interboro Ins. Co. (New York Supreme Court, Bronx County 2024)
- Covington Specialty Ins. Co. v. Indian Lookout Country Club, Inc. (2d Cir. 2023)
- East End Funeral Home, Inc. v. American European Insurance Company (District Court, S.D. New York 2020)
- The Ministers and Missionaries Benefit Board v. Leon Snow v. The Estate of Clark Flesher (N.Y. 2015)
- MingJi Ave4 Realty, LLC v. Colony Insurance Company (District Court, E.D. New York 2024)
- Colony Insurance Company v. Southwest Marine and General Insurance Company (District Court, S.D. New York 2024)
- Lewczyk v. Safeco Ins. Co. of Am. (Appellate Division of the Supreme Court of New York 2023)
- Travelers Casualty Insurance Company of America v. Blizzard Busters Snowplowing Corp. (District Court, S.D. New York 2023)
- Bradley v. Markel Service, Incorporated (District Court, S.D. New York 2023)
- Travelers Casualty Insurance Company of America v. Blizzard Busters Snowplowing Corp. (District Court, S.D. New York 2023)
- S & J Props. of Watertown, LLC v. Main St. Am. Group (Appellate Division of the Supreme Court of New York 2022)
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 reversed, with costs, and all claims against Public Service Mutual Insurance Company dismissed.
"[CJourts bear the responsibility of determining the rights or obligations of parties under insurance contracts based on the specific language of the policies” (State of New York v Home Indem. Co., 66 NY2d 669, 671) and unambiguous provisions must be given their plain and ordinary meaning (United States Fid. & Guar. Co. v Annunziata, 67 NY2d 229, 232). Here, the insurance contract issued by Public Service to the Village of Monticello named as insureds the "Village of Monticello, New York and Board of Water Commissioners”, and although various additionally named and described persons and organizations are designated additional insureds, the policy does not name, describe or otherwise refer to individual police officers employed by the village as insureds. Under the terms of the policy, therefore, Public Service had no obligation to defend or indemnify the individual police officers. Nor would the principle enunciated in Schiff Assoc. v Flack (51 NY2d 692) have any applicability here since these officers, having retained their own counsel promptly, cannot be said to have "suffer[ed] the detriment of losing the right to control [their] own defense” (Schiff Assoc. v Flack, supra, at p 699).
We have considered respondents’ other claims and find them to be without merit.
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone and Hancock, Jr., concur in memorandum; Judge Meyer taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.