Legal Opinion
Allstate Insurance v. Gross
New York Court of Appeals
Decided November 25, 1970PublishedCited by 118 opinions
1Opinion of the CourtBreitel, J.
An automobile public liability insurer, plaintiff Allstate, contends, in this action for a declaratory judgment, that it is not obliged to decide to disclaim liability or to deny coverage within any particular time, in the absence of prejudice to an insured or injured party. The trial court found in its favor but on appeal the Appellate Division reversed, holding that there had been an unreasonable delay as a matter of law. There should be an affirmance for the reasons stated below.
Whatever the rule may have been before, the matter is now controlled by statute (Insurance Law, § 167, subd. 8).…
2Cases cited13 opinions
- Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
- S. & E. Motor Hire Corp. v. New York Indemnity Co.New York Court of Appeals · 1930
- Allstate Insurance v. FlaumenbaumNew York Supreme Court · 1970
- William M. Moore Construction Co. v. United States Fidelity & Guarantee Co.New York Court of Appeals · 1944
- Ashland Window & Housecleaning Co. v. Metropolitan Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1945
8 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Scott Hammersmith v. Tig Insurance Company (w.d. Of Pa. Civil Nos. 02-Cv-01829 & 03-Cv-01333)Court of Appeals for the Third Circuit · 2007
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- First Financial Insurance v. Jetco Contracting Corp.New York Court of Appeals · 2003
113 more not listed; retrieve them via the Exa API.