National Union Fire Insurance Co. v. Ferrell & Myers, Inc., 7784.
| Decision Date | 07 February 2006 |
| Docket Number | 7784. |
| Citation | 2006 NY Slip Op 00987,26 A.D.3d 191,809 N.Y.S.2d 29 |
| Parties | NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA., Appellant, v. FERRELL & MYERS, INC., Doing Business as HEAVY D & THE BOYZ, et al., Respondents, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
The injuries occurred during a spectator stampede outside a celebrity basketball game, held at City College in December 1991, at which the teams were to be coached by defendants Dwight "Heavy D" Myers and Sean "Puff Daddy" Combs. The trial court found "no question that the policy covers Heavy D as an entertainer." The court rejected the argument that Endorsement C of the policy specifically limits coverage to claims against the corporate entity (Ferrell & Myers) when acting as "an entertainer, theatrical manager &/or agent," whereas Heavy D was acting only in an individual capacity. Plaintiff contends that rationally interpreted, Endorsement C should be limited to officers or employees of the corporation who were engaged in its business interests. Because this argument is raised for the first time on appeal, we decline to address it (see Dinneny v. Allstate Ins. Co., 295 AD2d 797, 798-799 [2002]; Matter of ELRAC, Inc. v. Edwards, 270 AD2d 414, 415 [2000]).
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Myers v. National Union Fire Insurance Company of Pittsburgh, Pa., 2007 NY Slip Op 33324(U) (N.Y. Sup. Ct. 10/5/2007)
...National Union appealed to the First Department, which affirmed this Court's decision. Nat'l Union Fire Ins. Co. v. Ferrell & Myers, Inc., 26 A.D.3d 191, 809 N.Y.S.2d 29 (1st Dept. 2006). On July 5, 2006, the Court of Appeals denied National Union's application to appeal. Nat'l Union Fire I......
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National Union Fire Ins. Co. of Pittsburgh, Pa. v. Ferrell & Myers, Inc.
...PITTSBURGH, PA. v. FERRELL & MYERS, INC. Court of Appeals of the State of New York. Decided July 5, 2006. Appeal from 1st Dept.: 26 A.D.3d 191, 809 N.Y.S.2d 29. Motion for leave to appeal ...
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