Legal Opinion
Allen v. Allstate Insurance
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 2010PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover supplementary underinsured motorist benefits under a policy of automobile liability insurance, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Spinner, J.), dated March 26, 2010, which denied their motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiffs correctly contend that the defendant was obligated to give notice of its disclaimer of coverage based on the proffered policy exclusion (see Matter of Worcester Ins. Co. v Bettenhauser, 95 NY2d 185 [2000]), and that said notice was…
2Cases cited8 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Worcester Insurance v. BettenhauserNew York Court of Appeals · 2000
- Franco v. Kaled Management Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Tex Development Co. v. Greenwich InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by2 opinions
- West Vernon Petroleum Corp. v. Singer Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- West Vernon Petroleum Corp. v. Singer Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2013