Legal Opinion

Balanca v. GEICO General Insurance

Appellate Terms of the Supreme Court of New York

Decided September 21, 2006Published

1Opinion of the Court

*91OPINION OF THE COURT

Memorandum.

Judgment reversed without costs, order granting plaintiffs motion for summary judgment vacated, plaintiffs motion for summary judgment denied and, upon searching the record, summary judgment granted in favor of defendant dismissing the action.

Plaintiff commenced the instant action alleging that defendant owed him an additional $8,535.56 in lost earnings pursuant to the optional basic economic loss (OBEL) coverage endorsement to the applicable automobile insurance policy. Defendant asserts that plaintiff is not entitled to further payments since the OBEL coverage…

2Cases cited8 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  3. Normile v. Allstate InsuranceNew York Court of Appeals · 1983
  4. Cortez v. Countrywide InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  5. Halloway v. State Farm InsuranceAppellate Division of the Supreme Court of the State of New York · 2005

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