Legal Opinion

Fuchs v. London & Lancashire Indemnity Co. of America

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

Decided January 29, 1940PublishedCited by 37 opinions

1Opinion of the CourtClose, J.

The action is brought under section 109 of the Insurance Law to recover from an insurance carrier the amount due on an unsatisfied judgment entered in an action for personal injuries. The facts are unusual. On January 2, 1938, plaintiff sustained personal injuries “while riding as a passenger in an automobile owned and operated by one Hersch Fuchs. On January 10, 1938, she commenced an action against Fuchs in the Supreme Court, Bronx county, alleging negligence. Fuchs carried a $5,000 liability policy issued by the defendant, and defendant’s attorney appeared for Fuchs in the action. On…

2Cases cited4 opinions

  1. Mertz v. MertzNew York Court of Appeals · 1936
  2. Rozell v. RozellNew York Court of Appeals · 1939
  3. Weatherwax v. Royal Indemnity Co.New York Court of Appeals · 1929
  4. 755 Seventh Avenue Corp. v. CarrollNew York Court of Appeals · 1935

3Cited by37 opinions

  1. New Amsterdam Casualty Co. v. SteckerNew York Court of Appeals · 1957
  2. Jacobs v. United States Fidelity & Guaranty Co.New York Supreme Court · 1956
  3. Williamson v. Massachusetts Bonding & InsuranceSupreme Court of Connecticut · 1955
  4. M & M Electric, Inc. v. Commercial Union Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1998
  5. American Surety Co. v. DiamondNew York Court of Appeals · 1956

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