Legal Opinion
Rekemeyer v. State Farm Mutual Automobile Insurance
New York Court of Appeals
Decided April 5, 2005PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
This is a declaratory judgment action in which plaintiff seeks a declaration that she is entitled to payment under the supplementary uninsured/underinsured motorists (SUM) provision of her insurance contract. The insurance carrier disclaimed on the ground that written notice of the SUM claim was not given as soon as practicable and that a copy of the summons and complaint in plaintiffs legal action was not immediately given to it. On the facts of this case, we hold that the carrier must show prejudice before it may disclaim coverage due to plaintiffs late…
2Cases cited11 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- State Automobile Mutual Insurance v. YoulerWest Virginia Supreme Court · 1990
- Alcazar v. HayesTennessee Supreme Court · 1998
- Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Argo Corp. v. Greater New York Mutual InsuranceNew York Court of Appeals · 2005
- Those Certain Underwriters at Lloyds v. GrayAppellate Division of the Supreme Court of the State of New York · 2007
- Morris Park Contracting Corp. v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- New York Central Mutual Insurance v. DavalosAppellate Division of the Supreme Court of the State of New York · 2007
- George K. Baum & Company v. Twin City Fire Insurance Co.Court of Appeals for the Eighth Circuit · 2014
37 more not listed; retrieve them via the Exa API.