Legal Opinion
Rice v. Allstate Insurance
New York Court of Appeals
Decided March 14, 1973PublishedCited by 40 opinions
1Opinion of the CourtGabrielli, J.
The essential inquiry in this controversy revolves around claimant’s status at the time of an occurrence in which three automobiles were involved. The determination of the issue turns on whether claimant was a pedestrian, or a passenger of one of the vehicles.
The facts are simple and not in dispute. While walking between two autos, claimant was injured when an uninsured vehicle struck one of them, pushing it into her.
Immediately prior to the occurrence, claimant was operating an auto owned by Aileen Hunt and was proceeding to a common destination with a vehicle owned and operated by Marilyn…
2Cases cited4 opinions
- Allstate Insurance v. FlaumenbaumNew York Supreme Court · 1970
- Motor Vehicle Accident Indemnification Corp. v. OppedisanoNew York Supreme Court · 1964
- Fischer v. Ætna InsuranceNew York Supreme Court · 1971
- Shindler v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1963
3Cited by40 opinions
- Miller v. LomanIndiana Court of Appeals · 1987
- Matter of Liberty Mut. Ins. Co.(hogan)New York Court of Appeals · 1993
- Fidelity & Cas. Co. of New York v. GarciaDistrict Court of Appeal of Florida · 1979
- Colon v. Aetna Casualty & Surety Co.New York Court of Appeals · 1980
- State Farm Mutual Automobile Insurance Co. v. Farmers Insurance Co.Missouri Court of Appeals · 1978
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