Legal Opinion
Allstate Insurance v. Stein
New York Court of Appeals
Decided February 19, 2004PublishedCited by 31 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
R.S. Smith, J.
This appeal concerns the timeliness of an action by an insurance company as subrogee of an accident victim to whom the insurance company has paid additional personal injury protection (APIP) benefits. The question presented is whether the statute of limitations runs from the date of the accident or the date when the first APIP benefits were paid. We hold that the statute runs from the date of the accident, and that the insurer’s action is therefore time-barred.
Factual Background
On May 24, 1995, a vehicle operated by Daniel Stein struck a vehicle being…
2Cases cited4 opinions
- Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1996
- Aetna Life & Casualty Co. v. NelsonNew York Court of Appeals · 1986
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Kozlowski v. Briggs Leasing Corp.New York Supreme Court · 1978
3Cited by31 opinions
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris USA Inc.New York Court of Appeals · 2004
- Liberty Mutual Insurance v. Excel Imaging, P.C.District Court, E.D. New York · 2012
- Insurance Co. of State of Pennsylvania v. HSBC Bank USAAppellate Division of the Supreme Court of the State of New York · 2007
- Stewart v. AtwoodDistrict Court, W.D. New York · 2012
- Harleysville Insurance v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
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