Legal Opinion

Huth v. Nationwide Insurance

New York Supreme Court

Decided June 4, 1990PublishedCited by 6 opinions

1Opinion of the Court

*1004OPINION OF THE COURT

John V. Vaughn, J.

This case presents to the court issues concerning underinsured motor vehicle coverage and the subrogation clause in the respondent company’s insurance policy.

The issue is whether the underinsured motorist carrier (Nationwide) may, under its right of subrogation, condition its payment of the arbitration award upon the insured’s preservation of its rights against the tort-feasor when the tort-feasor’s carrier (Maryland) has offered its full policy in settlement for a general release of the tort-feasor.

Underinsured motorist coverage achieved recognition in…

2Cases cited7 opinions

  1. Schmidt v. ClothierSupreme Court of Minnesota · 1983
  2. Longworth v. Van HoutenNew Jersey Superior Court Appellate Division · 1988
  3. Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
  4. McCarthy v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1962
  5. McCarthy v. Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1963

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

3Cited by6 opinions

  1. Mann v. Farmers Insurance ExchangeNevada Supreme Court · 1992
  2. In re Prudential Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
  3. Tri-State Consumer Insurance v. HundleyAppellate Division of the Supreme Court of the State of New York · 1994
  4. Gibbs v. Hawaiian Eugenia Corp.District Court, S.D. New York · 1991
  5. Devereaux v. Agway InsuranceAppellate Division of the Supreme Court of the State of New York · 1993

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

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