Legal Opinion

American Transit Insurance v. Sartor

New York Court of Appeals

Decided July 1, 2004PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

The issue in this case is whether Vehicle and Traffic Law § 370 obligates the insurer of a taxicab to satisfy a default judgment entered against its insureds where the insurer was never notified, as required by the terms of its commercial liability policy, that legal proceedings had been commenced by the injured party. We conclude that the statute does not obviate the insurer’s right to such notice and, therefore, the insurer is entitled to disclaim coverage under these circumstances.

Defendant Anthony Sartor was injured in March 2000 when a vehicle he was…

2Cases cited12 opinions

  1. Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
  2. General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
  3. Chemical Specialties Manufacturers Ass'n v. JorlingNew York Court of Appeals · 1995
  4. Lauritano v. American Fidelity Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
  5. Motor Vehicle Accident Indemnification Corp. v. Continental National American Group Co.New York Court of Appeals · 1974

7 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. United States Underwriters Ins. v. Kum Gang Inc.District Court, E.D. New York · 2006
  2. Lucia v. GoldmanAppellate Division of the Supreme Court of the State of New York · 2009
  3. New Yorkers for Constitutional Freedoms v. New York State SenateAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. CorrNew York Court of Appeals · 2024
  5. DaimlerChrysler Corp. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2005

40 more not listed; retrieve them via the Exa API.

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