Legal Opinion
Winkelmann v. Excelsior Insurance
New York Court of Appeals
Decided May 9, 1995PublishedCited by 92 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
The narrow issue presented is whether an insurer who has paid its insured the full amount due under a fire policy, but less than the insured’s loss, may proceed against the third-party tortfeasor responsible for the loss before the insured has been made whole by the tortfeasor. We conclude that it may and thus affirm the order of the Appellate Division.
Plaintiffs Herbert and Victoria Winkelmann own a building in Verplank, New York, insured by defendant Excelsior Insurance Company. In July of 1990, the building was severely damaged by a fire allegedly caused by…
2Cases cited14 opinions
- Garrity v. Rural Mutual InsuranceWisconsin Supreme Court · 1977
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
- Wimberly v. American Casualty Co. of ReadingTennessee Supreme Court · 1979
- Washtenaw Mutual Fire Insurance v. BuddMichigan Supreme Court · 1919
9 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Chandler v. State Farm Mutual Automobile InsuranceCourt of Appeals for the Ninth Circuit · 2010
- Teichman v. Community Hospital of Western SuffolkNew York Court of Appeals · 1996
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris USA Inc.New York Court of Appeals · 2004
- Picard v. JPMorgan Chase & Co. (In Re Bernard L. Madoff Investment Securities LLC)Court of Appeals for the Second Circuit · 2013
- Allstate Insurance Company v. Kieron Mazzola and First Fidelity L.S. Group, Inc.Court of Appeals for the First Circuit · 1999
87 more not listed; retrieve them via the Exa API.