Legal Opinion
Mionis v. Merchants Mutual Casualty Co.
Appellate Terms of the Supreme Court of New York
Decided March 12, 1957PublishedCited by 2 opinions
1Per curiam
Plaintiff as judgment creditor of the insured had no greater rights against the defendant insurance company than those of an insured seeking repayment from his company (Rushing v. Commercial Cas. Ins. Co., 251 N. Y. 302; Shalita v. *358American Motorists Ins. Co., 266 App. Div. 131, motion for leave to appeal denied 266 App. Div. 885, motion for leave to appeal denied 291 N. Y. 831).
The absence and nonavailability of the insured in the original action was prima facie proof of the insured’s breach of the terms and conditions of the policy; the insured’s failure to co-operate with the insurer,…
2Cases cited4 opinions
- Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
- Schoenfeld v. New Jersey Fidelity & Plate Glass InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
- Shalita v. American Motorists InsuranceAppellate Division of the Supreme Court of the State of New York · 1943
- Briskman v. Glens Falls Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1937
3Cited by2 opinions
- SCW West LLC v. Westport InsuranceDistrict Court, E.D. New York · 2012
- Mundry v. Great American InsuranceDistrict Court, D. Connecticut · 1966