Legal Opinion
Aetna Casualty & Surety Co. v. Norwalk Foods, Inc.
Civil Court of the City of New York
Decided October 5, 1984PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The issue posed by this motion by defendant for summary judgment is whether a release procured by a tortfeasor from the owner of property damaged by the tortfeasor constitutes a defense to an action by the owner’s insurer to enforce its subrogation rights against the tortfeasor where (i) the insurer never advised the tort-feasor of its status as the collision carrier or that it had made payment on the claim, and (ii) the tort-feasor never made inquiry to ascertain the existence of subrogation rights.
This action arises from an automobile accident that…
2Cases cited11 opinions
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Silinsky v. State-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
- Tarantola v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1975
- Hartford Accident & Indemnity Co. v. CNA InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- American Surety Co. v. PalmerNew York Court of Appeals · 1925
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3Cited by6 opinions
- United States v. Baxter International, IncorporatedCourt of Appeals for the Eleventh Circuit · 2003
- JPMorgan Chase Bank v. CookDistrict Court, S.D. New York · 2004
- Nationwide Insurance v. MocchiaAppellate Division of the Supreme Court of the State of New York · 1997
- State Farm Mutual Automobile Insurance v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Nationwide Insurance v. United StatesDistrict Court, N.D. Illinois · 2000
1 more not listed; retrieve them via the Exa API.