Legal Opinion
Devereaux v. Agway Insurance
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1993Published
1Opinion of the Court
— Order unanimously affirmed with costs. Memorandum: Defendant’s motion for summary judgment was properly denied. An insured who accepts a settlement of a claim against a third-party tort-feasor without protecting the insurer’s subrogation rights or complying with the consent to settlement provision of the insurance policy generally is precluded from asserting an underinsured motorist claim against the insurer (see, Weinberg v Transamerica Ins. Co., 62 NY2d 379; Matter of Nationwide Mut. Ins. Co. [Taylor], 177 AD2d 929, lv denied 80 NY2d 751; Matter of CNA Ins. Cos., 170 AD2d 794). Supreme…
2Cases cited8 opinions
- Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
- Blee v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
- Merchants Mutual Casualty Co. v. WildmanNew York Supreme Court · 1960
- Huth v. Nationwide InsuranceNew York Supreme Court · 1990
- In re the Arbitration between CNA Insurance & GrandstaffAppellate Division of the Supreme Court of the State of New York · 1991
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