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Nationwide v. Liberty Mutual Insurance Company

Court of Appeals of the State of New York
Dec 19, 1977
373 N.E.2d 290 (N.Y. 1977)

Opinion

Argued November 15, 1977

Decided December 19, 1977

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, OLIVER C. SUTTON, J.

Asher Marcus and Peter James Johnson for appellant.

William F. Larkin for Nationwide Mutual Insurance Company, respondent.

Dale M. Thuilley for Florence Waterson and another, respondents.


Order affirmed, with costs, on the opinion by Mr. Justice OLIVER C. SUTTON at Supreme Court, New York County. In view of the affirmed finding that no sale was effectuated, it is not necessary to consider the issue presented in Phoenix Ins. Co. v Guthiel ( 2 N.Y.2d 584).

Concur: Chief Judge BREITEL and Judges JASEN, WACHTLER, FUCHSBERG and COOKE. Judges GABRIELLI and JONES concur in the following memorandum: We concur in result only. Rather than requiring the courts below to strain their powers of imagination and to stretch familiar principles of law to reach an equitable result by finding that title has not passed (when in fact in any other setting it would be held that a sale had actually occurred and that title had passed), we would over-rule the plurality opinion in Phoenix Ins. Co. v Guthiel ( 2 N.Y.2d 584). In our view where the insured is to be estopped from denying ownership and, as a result, is to be held liable, we would hold that the coverage under his policy should extend to such liability.


Summaries of

Nationwide v. Liberty Mutual Insurance Company

Court of Appeals of the State of New York
Dec 19, 1977
373 N.E.2d 290 (N.Y. 1977)
Case details for

Nationwide v. Liberty Mutual Insurance Company

Case Details

Full title:NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent, v. LIBERTY MUTUAL…

Court:Court of Appeals of the State of New York

Date published: Dec 19, 1977

Citations

373 N.E.2d 290 (N.Y. 1977)
373 N.E.2d 290
402 N.Y.S.2d 395

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