Legal Opinion

Fleming v. Allstate Insurance

New York Supreme Court

Decided January 16, 1980PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Herbert Shapiro, J.

On July 23, 1978, the petitioner suffered an amputation of his leg when he was struck by a motor vehicle on North Sea Road in Southampton, New York. The facts as to what took *995place are essentially conceded. The petitioner at the time had both feet on the shoulder of the road straddling, but not sitting on his motorcycle and was talking to another person. The motor and the lights of the motorcycle were off and it was not moving.

The vehicle that struck petitioner was insured by the respondent, Allstate Insurance Company, under a policy which contained…

2Cases cited7 opinions

  1. Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
  2. Rice v. Allstate InsuranceNew York Court of Appeals · 1973
  3. Colon v. Aetna Casualty & Surety Co.New York Court of Appeals · 1980
  4. In re the Arbitration between Furstenberg & Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1979
  5. Thomas v. Travelers InsuranceNew York Supreme Court · 1976

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

3Cited by3 opinions

  1. Innes v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  2. Tyler v. Traveler's InsuranceNew York Supreme Court · 1981
  3. Michels v. WeinstockNew York Supreme Court · 1985

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