Legal Opinion
Garcia v. Federal Insurance
Appellate Division of the Supreme Court of the State of New York
Decided January 30, 1978PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Latham, J.
THE FACTS
On July 3, 1976, the claimant, respondent Marcelino Garcia, was involved in a one-car accident when the car he was operating went over a curb, crossed a lawn and ran into the side of a house. The car was insured by appellant, Federal Insurance Company. Garcia filed a claim and Federal began to make no-fault payments.
While making the payments, Federal conducted an investigation and concluded that Garcia had been intoxicated at the time of the accident. Federal’s policy contained a clause which excluded no-fault coverage where the injuries are sustained by…
2Cases cited3 opinions
- Rokowsky v. Finance AdministratorNew York Court of Appeals · 1977
- Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
- In Re the Arbitration Between National Cash Register Co. & WilsonNew York Court of Appeals · 1960
3Cited by9 opinions
- Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1996
- In re the Arbitration between Shand & Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
- Government Employees Insurance v. SparrowAppellate Division of the Supreme Court of the State of New York · 1978
- Hartford Insurance Group v. MendezNew York Supreme Court · 1978
- In re the Arbitration between Hicks & Royal Globe InsuranceNew York Supreme Court · 1978
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