Legal Opinion
Country Wide Insurance v. Osathanugrah
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1983PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Fein, J.
Plaintiff’s insured was injured in a two-car collision when the automobile he was operating was struck by an automobile owned and operated by defendants. Plaintiff paid first-party benefits to its insured under the personal injury protection provisions of its policy, and then commenced this action for the amount of said payment made under the policy.
*514Special Term denied summary dismissal of this action, ruling that plaintiff should have a common-law right of recovery on the theory of negligence because its insured had failed to commence an action against the owner…
2Cases cited5 opinions
- State Farm Mutual Automobile Insurance v. Regional Transit Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Government Employees Insurance v. HalfpennyNew York Supreme Court · 1980
- Safeco Insurance Co. of America v. Jamaica Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Acevedo v. G.E.I.C.O.Appellate Division of the Supreme Court of the State of New York · 1982
- Nationwide Mutual Insurance v. Country-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by13 opinions
- Country Wide Insurance v. OsathanugrahNew York Court of Appeals · 1984
- Nationwide Mutual Insurance v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Hunter v. OOIDA Risk Retention Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Wehrlen v. Amica Mutual InsuranceCourt of Appeals of North Carolina · 1995
- Allstate Insurance v. MazzolaDistrict Court, S.D. New York · 1997
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