Narrative Opinion Summary
The Supreme Court of New York County, under Justice Barbara Kapnick, issued an order on December 18, 1998, affirming the denial of the defendant-appellant's cross motion for summary judgment without costs. The insurance policy in question, issued by the defendant insurer to the plaintiff jewelry manufacturer, limits liability for loss due to theft of "patterns." The court found that it was not clear, as a matter of law, whether this limitation applied specifically to the theft of the insured's "models." The plaintiff's affidavits from other jewelry manufacturers were deemed sufficient to create a triable issue regarding the interchangeability of the terms "model" and "pattern" from the perspective of a jewelry manufacturer, countering the defendant's argument. The decision was concurred by Justices Rosenberger, Williams, Ellerin, and Saxe.
Legal Issues Addressed
Evidentiary Standard for Triable Issuessubscribe to see similar legal issues
Application: The plaintiff's submission of affidavits from other jewelry manufacturers was considered sufficient to establish a triable issue regarding the interpretation of the terms 'model' and 'pattern.'
Reasoning: The plaintiff's affidavits from other jewelry manufacturers were deemed sufficient to create a triable issue regarding the interchangeability of the terms 'model' and 'pattern' from the perspective of a jewelry manufacturer, countering the defendant's argument.
Insurance Policy Interpretationsubscribe to see similar legal issues
Application: The court found ambiguity in the insurance policy's language regarding the limitation of liability for theft of 'patterns,' as it was not clear whether this limitation also applied to 'models.'
Reasoning: The insurance policy in question, issued by the defendant insurer to the plaintiff jewelry manufacturer, limits liability for loss due to theft of 'patterns.' The court found that it was not clear, as a matter of law, whether this limitation applied specifically to the theft of the insured's 'models.'
Summary Judgment Denialsubscribe to see similar legal issues
Application: The court denied the defendant-appellant's cross motion for summary judgment, indicating that there was a triable issue that required further examination.
Reasoning: The Supreme Court of New York County, under Justice Barbara Kapnick, issued an order on December 18, 1998, affirming the denial of the defendant-appellant's cross motion for summary judgment without costs.