Legal Opinion
Empire Insurance v. Hilliard
New York Supreme Court
Decided April 13, 2000Published
1Opinion of the Court
OPINION OF THE COURT
Joan B. Lefkowitz, J.
This application to stay arbitration presents an apparent novel question: Can covered persons recover first-party benefits under no-fault automobile liability insurance when a tree fell on the motor vehicle causing the injuries?1
*822On June 24, 1998, the respondents occupants of the motor vehicle, husband and wife, were driving on a public road when a tree fell and struck their car. Ralph Hilliard, the driver, ultimately died from the injuries suffered in the accident. His spouse, the passenger, was seriously injured. She had an automobile insurance policy…
2Cases cited8 opinions
- Ivancic v. OlmsteadNew York Court of Appeals · 1985
- Argentina v. Emery World Wide Delivery Corp.New York Court of Appeals · 1999
- Walton v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1996
- Horney v. Tisyl Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Goetz v. General Accident Fire & Life Assurance Corp.Appellate Terms of the Supreme Court of New York · 1965
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