Legal Opinion

Daus v. Lumbermen's Mutual Casualty Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1997PublishedCited by 7 opinions

1Opinion of the CourtYesawich Jr., J.

Appeal from an order of the Supreme Court (Canfield, J.), entered September 13, 1996 in Rensselaer County, which denied defendant’s motion for summary judgment dismissing the complaint.

Injured in a one-car accident in October 1988, plaintiff—who contends that the car was driven by Thomas Fanniff, the vehicle’s owner and its only other occupant at the time of the collision—obtained a default judgment against Fanniff. After an inquest, plaintiff was awarded damages of $169,880.37; the applicable limit of the liability policy defendant had issued to Fanniff was $10,000. In exchange for…

2Cases cited6 opinions

  1. Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
  2. Hovdestad v. Interboro Mutual Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
  3. Colbert v. Home Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1970
  4. Pipoli v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1972
  5. Pipoli v. United States Fid. & Guar. Co.New York Court of Appeals · 1972

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Carmella M. Pinto v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 2000
  2. Zeldin v. Interboro Mutual Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  3. New England Insurance v. Healthcare Underwriters Mutual InsuranceDistrict Court, E.D. New York · 2001
  4. Cirone v. Tower Ins.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Bennion v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2001

2 more not listed; retrieve them via the Exa API.

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