§Why CasetextPricing

In the Matter of State Farm Mutual Automobile Insurance Company, Appellant,v.Patrick Fitzgerald, Respondent.

Brief

15 Cited authorities

  1. Cragg v. Allstate Indemnity Corporation

    2011 N.Y. Slip Op. 4767 (N.Y. 2011)   Cited 122 times

    No. 118. Argued May 4, 2011. decided June 9, 2011. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered May 7, 2010. The Appellate Division affirmed a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), which had granted defendant Allstate Indemnity Corporation's motion for summary judgment declaring that it had no obligation to defend or indemnify defendant insureds

  2. In re Dandomar Co.

    86 A.D.3d 83 (N.Y. App. Div. 2011)   Cited 40 times

    No. 2009-06877. May 31, 2011. APPEAL from an order and judgment (one paper) of the Supreme Court, Dutchess County (James D. Pagones, J.), entered June 25, 2009, in a proceeding pursuant to CPLR article 78. The order and judgment (1) granted respondents' motion to dismiss, as time-barred, a petition to review a determination of respondent Town Board authorizing the filing of a certificate of abandonment regarding a portion of a town road, to annul the certificate and to compel respondents to maintain

  3. Matter of Allstate Insurance Company v. Shaw

    52 N.Y.2d 818 (N.Y. 1980)   Cited 69 times
    In Allstate Ins. Co. v Shaw (52 NY2d 818 [1980]), this Court resolved the question whether self-insured entities were required to provide uninsured motorist benefits.

  4. Branford House v. Michetti

    81 N.Y.2d 681 (N.Y. 1993)   Cited 38 times

    Argued September 8, 1993 Decided October 12, 1993 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Karla Moskowitz, J. Szold Brandwen, P.C., New York City (Alan G. Blumberg, Eric J. Weisberg and Robert I. Goodman of counsel), for appellants. O. Peter Sherwood, Corporation Counsel of New York City (Timothy J. O'Shaughnessy and Kristin M. Helmers of counsel), for respondents. HANCOCK, JR., J. This proceeding involves a limited-profit (or Mitchell-Lama) housing

  5. Liberty Mut. Ins. Co.

    82 N.Y.2d 57 (N.Y. 1993)   Cited 26 times
    Holding policy provision excluding coverage for vehicle used to carry persons or property for a fee invalid

  6. Country-Wide Ins. v. Wagoner

    45 N.Y.2d 581 (N.Y. 1978)   Cited 41 times

    Argued September 14, 1978 Decided November 30, 1978 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, STEWART F. HANCOCK, J. J. Mark McCarthy for appellant. Eric M. Alderman and Bernard Samuels for Country-Wide Insurance Company, respondent. FUCHSBERG, J. As it comes to us on appeal, this case presents what is essentially a controversy between two insurance carriers, Country-Wide Insurance Company and Aetna Casualty and Surety Company. The question it poses

  7. Progressive v. Scalamandre

    51 A.D.3d 932 (N.Y. App. Div. 2008)   Cited 6 times

    No. 2007-07971. May 20, 2008. In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Maria Scalamandre appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated June 27, 2007, which granted the petition. Besen and Trop, LLP, Garden City, N.Y. (Robert E. Trop and Vilma Blankowitz of counsel), for appellant. Teresa Girolamo, Selden N.Y., for respondent. Before: Rivera, J.P., Santucci, Eng and Chambers, JJ. Ordered that the order

  8. Liberty Mutual Fire v. Rondina

    32 A.D.3d 1230 (N.Y. App. Div. 2006)   Cited 3 times

    CA 06-00015. September 22, 2006. Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered May 5, 2005. The order granted the application for a permanent stay of arbitration. BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR RESPONDENTS-APPELLANTS. HURWITZ FINE, P.C., BUFFALO (SCOTT C. BILLMAN OF COUNSEL), FOR PETITIONER-RESPONDENT. Present — Pigott, Jr., P.J., Hurlbutt, Scudder, Kehoe and Green, JJ. It is hereby ordered that the order so appealed

  9. Rosado v. Eveready Ins. Co.

    34 N.Y.2d 43 (N.Y. 1974)   Cited 37 times
    In Rosado, an insurance policy issued to a car rental company contained an endorsement excluding coverage for "Drive-Yourself private passenger vehicles (except leased on annual basis)".

  10. State Farm Auto Ins v. Amato

    72 N.Y.2d 288 (N.Y. 1988)   Cited 15 times
    In Matter of State Farm Mut. Auto. Ins. Co. v. Amato, 72 N.Y.2d 288, 532 N.Y.S.2d 239, 528 N.E.2d 162 (1988), this Court was asked to decide whether the City of New York, as an unregulated self-insurer, was statutorily required to provide uninsured motorist coverage to two of its police officers who were injured when their police vehicles were struck by uninsured motor vehicles (Amato, 72 N.Y.2d at 294, 532 N.Y.S.2d 239, 528 N.E.2d 162).

  11. Section 60-2.3 - [Effective 4/30/2024] Requirements for sum endorsements

    N.Y. Comp. Codes R. & Regs. tit. 11 § 60-2.3   Cited 113 times

    (a) The declarations page of every new or renewal motor vehicle liability insurance policy issued, if SUM coverage is purchased by the policyholder, shall state: (1) the SUM limits, instead of the amount of mandatory UM coverage; and (2) the maximum amount payable under SUM coverage shall be the policy's SUM limits reduced and thus offset by motor vehicle bodily injury liability insurance policy or bond payments received from, or on behalf of, any negligent party involved in the accident, as specified