Legal Opinion

Wilkerson v. Apollon

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 1981PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Murphy, P. J.

On March 29, 1975, plaintiff Wilkerson was struck by a vehicle owned by Fritz Apollon. The operator of the vehicle fled and was never identified. Wilkerson brought suit against Apollon. However, Lion Insurance Company re*142fused to defend Apollon because his policy had allegedly been canceled effective as of February 24,1975. Eventually, Wilkerson brought this action for judgment declaring that Lion’s cancellation was invalid.

The sole issue presented at trial was whether Lion’s cancellation was effective. Lion submitted in evidence a copy of a notice of…

2Cases cited5 opinions

  1. Green Bus Lines, Inc. v. Consolidated Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
  2. Viuker v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
  3. De Persia v. Merchants Mutual Cas. Co., Auto. ClubNew York Court of Appeals · 1945
  4. De Persia v. Merchants Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1944
  5. Nassau Insurance v. Lion InsuranceNew York Supreme Court · 1977

3Cited by8 opinions

  1. Holmes v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  2. In re Midwest Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  3. In re the Arbitration between Utica Mutual Insurance & BodieAppellate Division of the Supreme Court of the State of New York · 1984
  4. Newsom v. Republic Financial Services, Inc.New York Supreme Court · 1985
  5. Ojeda v. General Accident Fire & Life Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1982

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