Legal Opinion

Allstate Insurance v. Rivera

New York Court of Appeals

Decided June 4, 2009PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

At issue in both of these appeals is whether supplementary uninsured/underinsured motorists (SUM) coverage was triggered. In both appeals, we conclude that it was not.

In the first appeal, Allstate Insurance Company issued an automobile insurance policy to Petra Mercado that provided bodily injury liability and SUM coverage of $25,000 per person/ $50,000 per accident. In July 2005, while the policy was in effect, Mercado and five passengers in her car were injured when they were struck by a vehicle driven by Nilza Rodriguez and insured by GMAC Insurance Company,…

2Cases cited20 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
  3. Medical Society v. SerioNew York Court of Appeals · 2003
  4. Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1983
  5. Nicholas v. KahnNew York Court of Appeals · 1979

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3Cited by25 opinions

  1. Mary Jo C. v. New York State and Local Retirement System et ano.Court of Appeals for the Second Circuit · 2013
  2. Citizens United v. SchneidermanCourt of Appeals for the Second Circuit · 2018
  3. Albany Law School v. New York State Office of Mental Retardation & Developmental DisabilitiesNew York Court of Appeals · 2012
  4. Mayfield v. EvansAppellate Division of the Supreme Court of the State of New York · 2012
  5. Sullivan Financial Group, Inc. v. WrynnAppellate Division of the Supreme Court of the State of New York · 2012

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