Legal Opinion
In re Arbitration between Central Mutual Insurance & Bemiss
New York Court of Appeals
Decided June 25, 2009PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Read, J.
We are asked in this appeal whether consent-to-settle and subrogation-protection provisions in the supplementary uninsured/underinsured motorists (SUM) endorsement in an automobile liability insurance policy fall by the wayside once an insured has exhausted the available policy limits of a single tortfeasor in a multi-tortfeasor accident. We hold that these provisions remain in force and govern any settlements that the insured may subsequently make with other tortfeasors.
I
During the morning rush hour on April 12, 2005, a chain-reaction automobile accident unspooled…
2Cases cited6 opinions
- Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
- Prudential Property & Casualty Co. v. SzeliNew York Court of Appeals · 1994
- State Farm Mutual Automobile Insurance v. TaglianettiAppellate Division of the Supreme Court of the State of New York · 1986
- S'Dao v. National Grange Mutual InsuranceNew York Court of Appeals · 1995
- In re the Arbitration between Central Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mtr of Cent Mut Ins (Bemiss)New York Court of Appeals · 2009