Fafinski v. Reliance Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J. P.
In a jury trial against defendant insurance company which disclaimed no-fault coverage because of plaintiff’s intoxication at the time of the automobile accident in which he was injured, the court refused to permit proof of the result of a blood-alcohol test routinely given on plaintiff’s hospital admission because plaintiff had not consented to it. From a judgment for the amount of economic loss, defendant appeals.
Plaintiff sustained serious injuries when the automobile he was driving left the highway on the wrong side and collided with a guardrail. He…
2Cases cited14 opinions
- Montgomery v. DanielsNew York Court of Appeals · 1975
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- People v. KatesNew York Court of Appeals · 1981
- Amaro v. City of New YorkNew York Court of Appeals · 1976
- Provenzo v. SamNew York Court of Appeals · 1968
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3Cited by6 opinions
- Westchester Medical Center v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Nyack Hospital v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 1988
- LaDuke v. State Farm InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
- North v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Westchester Medical Center v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
1 more not listed; retrieve them via the Exa API.