Aetna Casualty & Surety Co. v. Rodriguez

I concur in the result here only because further delaying these proceedings would merely serve to impede the ability of the nonappealing injured passenger to finally obtain a recovery, hereby frustrating the very purposes for which the ameliorative provisions of the Insurance Law were enacted.

I would note, however, that were the injured passenger, Rodriguez, the appellant herein, I could not find that Criterion’s disclaimer "based upon lack of notice of this occurrence” is valid as to him. The uncontradicted facts in this somewhat sparse record show that the only notice of disclaimer from…