Legal Opinion

Gross v. Allstate Insurance

New York Supreme Court

Decided November 20, 1989PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John Copertino, J.

The question presented on this motion appears to be one of first impression in New York, and may be stated simply: is the fact of an insured’s indictment for a felony, standing alone, sufficient to relieve an insurance carrier of its obligation to pay first-party benefits under New York’s automobile No-Fault Law?

The essential facts of this case are not in dispute. On April 1, 1989, plaintiff Lawrence Gross was driving a pickup truck *31on Route 25A in Smithtown, New York, and was involved in a serious accident. The driver of the car with which Mr. Gross’s…

2Cases cited12 opinions

  1. United States v. CalandraSupreme Court of the United States · 1974
  2. Branzburg v. HayesSupreme Court of the United States · 1972
  3. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  4. Klostermann v. CuomoNew York Court of Appeals · 1984
  5. International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974

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3Cited by1 opinion

  1. Mendoza v. Rivera-ChavezCourt of Appeals of Washington · 1997

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