Legal Opinion · Dissent

Allstate Insurance v. Furman

New York Court of Appeals

Decided November 16, 1982Published

1DissentMeyer, J.

What the majority by affirming

on the Appellate Division decision ignores, as did the Appellate Division, is that the injured claimant is Daniel Furman; it is Daniel, by his guardian, who sues; it is Daniel who has suffered physical injury for which he is entitled under our law to recover from his parents; it is Daniel as “claimant” who is protected by section 167 (subd 1, par [d]) of the Insurance Law from the invalidation of his claim if it be shown that notice “was given as soon as was reasonably possible” for him to give notice; it is Daniel as “claimant” who was, or whose appointed…

2Cases cited33 opinions

  1. Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
  2. Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
  3. General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
  4. Gelbman v. GelbmanNew York Court of Appeals · 1969
  5. Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929

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