National Union Fire Insurance of Pittsburgh v. Hartford Insurance
Cases that cite this one
15 later published cases cite this decision.
- Structure Tone, Inc. v. Merchants Preferred Ins. Co. (Appellate Division of the Supreme Court of New York 2025)
- Travelers Property Casualty Company of America v. Clear Blue Insurance Company (District Court, S.D. New York 2024)
- Travelers Property Casualty Company of America v. Wesco Insurance Company (District Court, S.D. New York 2022)
- Ocean Harbor Casualty Insurance Company v. Great American E&S Insurance Company (District Court, E.D. New York 2020)
- Western Heritage Insurance v. Century Surety Co. (District Court, S.D. New York 2014)
- Homeland Insurance v. National Grange Mutual Insurance (Appellate Division of the Supreme Court of New York 2011)
- B.F. Yenny Construction Co. v. One Beacon Insurance (Appellate Division of the Supreme Court of New York 2008)
- Pennsylvania Manufacturers' Ass'n v. Liberty Mutual Insurance (Appellate Division of the Supreme Court of New York 2007)
- Motors Insurance v. Mautone (Appellate Division of the Supreme Court of New York 2007)
- United States Fire Insurance v. American Home Assurance Co. (Appellate Division of the Supreme Court of New York 2005)
- HRH Construction Corp. v. Commercial Underwriters Insurance (Appellate Division of the Supreme Court of New York 2004)
- Fireman's Fund Insurance v. Abax, Inc. (Appellate Division of the Supreme Court of New York 2004)
- Dillion v. Parade Management Corp. (Appellate Division of the Supreme Court of New York 2000)
- Hartford Fire Insurance v. Lo Brutto (Appellate Division of the Supreme Court of New York 2000)
- Tops Markets, Inc. v. Maryland Casualty (Appellate Division of the Supreme Court of New York 1999)
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
*986 OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question not answered as unnecessary, since the Appellate Division order reversing the judgment of the trial court was final.
The dispositive issue in Chaos Construction Corporation’s prior lawsuit against only National Union Fire Insurance Company was whether National was obligated to defend and indemnify Chaos in the underlying wrongful death action. That is not the same issue as here, where National seeks a declaration that Hartford Insurance Company owes it a duty of contribution as a coinsurer of Chaos. Because “identicality of an issue” is lacking here (Matter of Halyalkar v Board of Regents, 72 NY2d 261, 266), Hartford has failed to establish its entitlement to collateral estoppel against National. Under the circumstances of this case, Supreme Court’s resolution of the earlier action does not preclude National from now seeking resolution of its contribution claim.
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur in memorandum.
Order affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.