Legal Opinion
Metropolitan Property & Casualty Insurance v. Mancuso
New York Court of Appeals
Decided June 8, 1999PublishedCited by 87 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
In this combined opinion we interpret the notice of claim conditions for supplementary underinsured motorist insurance coverage — known colloquially as “underinsurance” — in two automobile insurance policies. In both cases, the insurance carrier disclaimed coverage, asserting that the policyholders did not furnish timely notice of the claim.
The DiGioacchino/Nationwide Claim
Luigi DiGioacchino’s claim for underinsurance benefits stems from his automobile accident with another car, driven by Michael Frasier and owned by Kellie Jerome, in December 1994. At the…
2Cases cited18 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- White v. City of New YorkNew York Court of Appeals · 1993
- Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
13 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Argo Corp. v. Greater New York Mutual InsuranceNew York Court of Appeals · 2005
- In Re the Arbitration Between Brandon & Nationwide Mutual InsuranceNew York Court of Appeals · 2002
- Rekemeyer v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2005
- Allstate Insurance v. RiveraNew York Court of Appeals · 2009
- Eagle Insurance v. BernardineAppellate Division of the Supreme Court of the State of New York · 1999
82 more not listed; retrieve them via the Exa API.