Legal Opinion
Scahall v. Unigard Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1995PublishedCited by 9 opinions
1Opinion of the Court
—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing plaintiff’s action seeking to compel defendant, Unigard Insurance Co. (Unigard), to pay first-party (No-Fault) benefits pursuant to the policy issued to plaintiff. 11 NYCRR 65.15 (m) (2) (i) requires an insurance company to pay first-party benefits where coverage has been excluded for an applicant operating a vehicle while in an intoxicated condition "if such intoxicated * * * condition was not a contributing…
2Cases cited3 opinions
- Cernik v. Sentry InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Luthart v. DaneshAppellate Division of the Supreme Court of the State of New York · 1994
- Baron v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by9 opinions
- Westchester Medical Center v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Westchester Medical Center v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Laidlaw Transportation, Inc. v. Helena Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Abato v. Millar Elevator Service Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Lynch v. Progressive InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
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