Legal Opinion
In re the Arbitration between Liberty Mutual Insurance & Hanover Insurance
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2003PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Burns, J.
The primary issue before us on this appeal concerns the date on which the statute of limitations on a loss-transfer claim between insurance carriers begins to run. According to petitioner, a loss-transfer claim is governed by CPLR 214 (5), and the statute of limitations begins to run from the date of the underlying accident or, alternatively, from the date of the first payment of no-fault benefits to the injured party. According to respondent, a loss-transfer claim is governed by CPLR 214 (2), and such a claim is timely with respect to any payment of no-fault…
2Cases cited6 opinions
- Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1996
- Aetna Life & Casualty Co. v. NelsonNew York Court of Appeals · 1986
- In re Budget Rent-A-CarAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Arbitration between Allstate Insurance & Clarendon National InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- In re the Arbitration between State Insurance Fund & Country-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Matter of Emerald Claims Mgt. for Ullico Cas. Ins. Co. v. A. Cent. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2014
- Allcity Insurance v. Eagle InsuranceCivil Court of the City of New York · 2004
- Jimenez v. The HartfordDistrict Court, S.D. New York · 2022
- NEW YORK SCHOOLS INSURANCE RECIP, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2011
- New York Schools Insurance Reciprocal v. ArmitageAppellate Division of the Supreme Court of the State of New York · 2011