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Pohlman v. American Alliance Insurance

Citations: 247 A.D.2d 931; 668 N.Y.S.2d 972; 1998 N.Y. App. Div. LEXIS 1311

Court: Appellate Division of the Supreme Court of the State of New York; February 3, 1998; New York; State Appellate Court

Narrative Opinion Summary

Judgment is unanimously affirmed without costs. The affirmation is based on the reasoning provided in the Supreme Court decision by Justice Koshian. Notably, the plaintiff’s arguments regarding the duty of defendant American Alliance Insurance Company to defend in an underlying personal injury action are now considered moot. This conclusion is supported by precedent cases, including *Amherst v. Clarence Ins. Co.* and *Matter of Hearst Corp. v. Clyne*. The appeal originates from a declaratory judgment rendered by the Supreme Court in Niagara County. Justices present include Pine (J.P.), Lawton, Hayes, Wisner, and Boehm.

Legal Issues Addressed

Affirmation of Supreme Court Judgments

Application: The judgment from the Supreme Court in Niagara County is unanimously affirmed without costs, based on the reasoning provided by Justice Koshian.

Reasoning: Judgment is unanimously affirmed without costs. The affirmation is based on the reasoning provided in the Supreme Court decision by Justice Koshian.

Mootness Doctrine in Insurance Defense Obligations

Application: The plaintiff's arguments concerning the duty of the defendant American Alliance Insurance Company to defend in an underlying personal injury action are deemed moot.

Reasoning: Notably, the plaintiff’s arguments regarding the duty of defendant American Alliance Insurance Company to defend in an underlying personal injury action are now considered moot.

Precedential Support in Declaratory Judgments

Application: The court's decision is supported by precedent cases such as *Amherst v. Clarence Ins. Co.* and *Matter of Hearst Corp. v. Clyne*, affirming the reasoning provided by the Supreme Court.

Reasoning: This conclusion is supported by precedent cases, including *Amherst v. Clarence Ins. Co.* and *Matter of Hearst Corp. v. Clyne*.