Legal Opinion
Allianz Insurance v. Otero
District Court, S.D. New York
Decided December 28, 2004No. 04 Civ. 647(PKC)PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CASTEL, District Judge.
This is an action, asserting subject matter jurisdiction by reason of diversity of citizenship, in which the insurer of the owner-lessor of a vehicle seeks to recover from the lessee and her husband, the driver of the- vehicle, payments the insurer made to a third-party in settlement of a personal injury claim. The lessee and driver have defended on the ground that they are insureds under the owner-lessor’s policies and that New York’s antisubrogation rule precludes an insurer from asserting a subrogation claim. against its own insured. The parties…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Neumeier v. KuehnerNew York Court of Appeals · 1972
- Allen v. CoughlinCourt of Appeals for the Second Circuit · 1995
23 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Allstate Insurance v. RozenbergDistrict Court, E.D. New York · 2011
- CIT Bank, N.A. v. NwangangaDistrict Court, S.D. Illinois · 2018
- Liberty Mutual Fire Insurance v. E.E. Cruz & Co.District Court, S.D. New York · 2007
- Miller v. Hartford Casualty Insurance Co.Colorado Court of Appeals · 2007
- Youngman v. Robert Bosch LLCDistrict Court, E.D. New York · 2013
4 more not listed; retrieve them via the Exa API.