Huffer v. Firemen's Insurance Co. of Newark
New York Supreme Court
1Opinion of the CourtJohn R. Tenney, J.
The defendant, Firemen’s Insurance Company, has moved for summary judgment dismissing plaintiff’s complaint.
The complaint raises a novel issue under section 671 of the Insurance Law, the so-called "No-fault Law”. Concurrently, it involves an interpretation of the provisions of an insurance policy.
The facts are briefly stated. Plaintiff suffered a serious injury, was hospitalized and discharged on crutches. While at home, she fell again. The complaint is seeking payment from the medical payments provisions of the insurance policy for the second injury.
Defendant contends that the medical…
2Cases cited3 opinions
- Wagner v. . MittendorfNew York Court of Appeals · 1922
- Zipprich v. Smith Trucking Co.New York Court of Appeals · 1956
- Welker v. StateAppellate Division of the Supreme Court of the State of New York · 1954