New York Court of Appeals, 1989

Zurich-American Insurance v. Atlantic Mutual Insurance

Zurich-American Insurance v. Atlantic Mutual Insurance
New York Court of Appeals · Decided May 2, 1989
74 N.Y.2d 621; 541 N.Y.S.2d 970; 539 N.E.2d 1098; 1989 N.Y. LEXIS 465

Zurich-American Insurance v. Atlantic Mutual Insurance

Opinion of the Court

*623OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the majority at the Appellate Division that, because Atlantic’s policies extended coverage to employees of the church, the allegations in the complaints that injuries were caused by the putative individual insureds while acting in the church’s employ triggered Atlantic’s obligation to defend (see, Seaboard Sur. Co. v Gillette Co., 64 NY2d 304, 310). As the court noted, the answers of those individuals, denying that they were church employees, merely posed factual and legal issues to be resolved in the underlying actions.

Chief Judge Wachtler and Judges Simons, Alexander, Titone, Hancock, Jr., and Bellacosa concur; Judge Kaye taking no part.

Order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.