Legal Opinion
Dietrick v. Kemper Insurance
New York Court of Appeals
Decided June 14, 1990PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The Appellate Division ruled that defendant Kemper Insurance Company (Kemper) possessed a lien, under Workers’ Compensation Law §29 (1-a), against the full settlement recovery plaintiff Dietrick secured from the driver of the vehicle who hit and caused injury to her. The lien represents the amount of workers’ compensation payments from Kemper to Dietrick for permanent partial disability and serious facial disfigurement. We hold Kemper is not entitled to the lien because these benefits are deemed to be "in lieu of first party benefits” Dietrick would have…
2Cases cited12 opinions
- Flamm v. NobleNew York Court of Appeals · 1947
- Matter of Marhoffer v. . MarhofferNew York Court of Appeals · 1917
- Matter of Sweeting v. . American Knife Co.New York Court of Appeals · 1919
- New York Cent. R. Co. v. Bianc. American Knife Co. v. Sweeting. Clark Knitting Co., Inc. v. VaughnSupreme Court of the United States · 1919
- Claim of Wilkosz v. Symington Gould Corp.Appellate Division of the Supreme Court of the State of New York · 1961
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Claim of Johnson v. Buffalo & Erie County Private Industry CouncilNew York Court of Appeals · 1994
- St. Paul Fire & Marine Insurance v. SurdamSupreme Court of Vermont · 1991
- Miszko v. GressAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Rensselaer County Sheriff's Department v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2015
- Soper v. Gouverneur Talc Co.Appellate Division of the Supreme Court of the State of New York · 1997
16 more not listed; retrieve them via the Exa API.