Legal Opinion

Klem v. Special Response Corp.

Appellate Division of the Supreme Court of the State of New York

Decided February 13, 2015Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Steuben County (Marianne Furfure, A.J.), entered September 4, 2013. The order, insofar as appealed from, directed that the settlement proceeds be distributed to plaintiff and plaintiffs attorney, precluded Zurich Insurance Company from exercising any lien over the settlement proceeds, determined that any liens held by Zurich Insurance Company arising out of the subject accident are null and void and determined that Zurich Insurance Company is not entitled to a future offset.

It is hereby ordered that the order insofar as appealed from is unanimously…

2Cases cited6 opinions

  1. Kelly v. State Insurance FundNew York Court of Appeals · 1983
  2. Castleberry v. Hudson Valley Asphalt Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  3. Miszko v. GressAppellate Division of the Supreme Court of the State of New York · 2004
  4. Kesick v. Ulster County Self Insurance PlanAppellate Division of the Supreme Court of the State of New York · 1997
  5. Alam v. Taxi Wheels to Lease, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

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