Legal Opinion
Han-Ki Lee v. American Transit Insurance
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 2003PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover unpaid no-fault benefits, the defendant appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Queens County (Schmidt, J.), dated September *71415, 2002, which, among other things, denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
“An insurance carrier may not, after repudiating liability, create grounds for its refusal to pay by demanding compliance with proof of loss provisions of the policy” (State Farm Ins. Co. v Domotor, 266 AD2d 219, 220 [1999]; see Igbara Realty…
2Cases cited10 opinions
- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1981
- Sherri v. National Surety Co.New York Court of Appeals · 1926
- Beckley v. Otsego County Farmers Cooperative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
- Ocean-Clear, Inc. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hedaya Home Fashions, Inc. v. American Motorists InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- SK Medical Services, P.C. v. New York Central Mutual Fire InsuranceNew York Supreme Court · 2006