Legal Opinion
Gerdes v. Travelers Insurance
New York Supreme Court
Decided June 19, 1981PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Eli Wager, J.
When more than one person is injured in an automobile accident and there are limited insurance funds available, should the claimants be paid on the basis of “first in time, first in right” or should a pro rata distribution of the funds be made? This is the issue raised in this application brought by one such injured person. The facts follow.
On April 23, 1980 Denise Gerdes (the movant), Virginia Scott and Claudia Carpenter, passengers in a vehicle operated by Linda Mandel and owned by Harold Mandel, were injured when the Mandel vehicle and a vehicle owned by…
2Cases cited10 opinions
- County of Sullivan v. Edward L. Nezelek, Inc.New York Court of Appeals · 1977
- Duprey v. Security Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1965
- David v. BaumanNew York Supreme Court · 1960
- Stolove v. Fidelity & Casualty Co.New York Supreme Court · 1935
- Wasserman v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1963
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re Drexel Burnham Lambert Group, Inc.United States Bankruptcy Court, S.D. New York · 1991
- In Re Bell & BeckwithUnited States Bankruptcy Court, N.D. Ohio · 1987
- In Re Enron Corp. Securities, DerivativeDistrict Court, S.D. Texas · 2005
- Boris v. FlahertyAppellate Division of the Supreme Court of the State of New York · 1998
- Belizaire v. Aetna Casualty & Surety Co.New York Supreme Court · 1997