Legal Opinion
Gurnee v. Aetna Life & Casualty Co.
New York Court of Appeals
Decided February 18, 1982PublishedCited by 94 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
These cases present the „ question whether the holding of Kurcsics v Merchants Mut. Ins. Co. (49 NY2d 451) should be given retroactive effect. For the outlined reasons, this court holds that Kurcsics should be applied to all claims not barred by the Statute of Limitations.
In Kurcsics, the court construed the phrase “first party benefits”, contained in section 671 of the Insurance Law, as it related to no-fault insurance protection. The court held that under section 671, a covered person injured in a motor vehicle accident who sustained lost earnings of…
2Cases cited9 opinions
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Montgomery v. DanielsNew York Court of Appeals · 1975
- People v. MoralesNew York Court of Appeals · 1975
- People v. PepperNew York Court of Appeals · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Brown v. City of SyracuseCourt of Appeals for the Second Circuit · 2012
- People v. VasquezNew York Court of Appeals · 1996
- People v. FavorNew York Court of Appeals · 1993
- Carrollton-Farmers Branch Independent School District v. Edgewood Independent School DistrictTexas Supreme Court · 1992
- Copantitla v. Fiskardo Estiatorio, Inc.District Court, S.D. New York · 2011
89 more not listed; retrieve them via the Exa API.