Legal Opinion

Raffellini v. State Farm Mutual Automobile Insurance

New York Court of Appeals

Decided November 15, 2007PublishedCited by 43 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

The issue in this case is whether a “serious injury” exclusion in a supplementary uninsured/underinsured motorist endorsement to an automobile liability policy is enforceable. We conclude that it is.

In April 1998, plaintiff Nicholas Raffellini suffered back injuries when his vehicle was struck by a car that had driven through a red traffic light. Plaintiff’s medical expenses and other basic economic loss damages were paid through no-fault insurance. He then pursued recovery for his pain and suffering from the driver of the car that caused the accident. The…

2Cases cited10 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
  3. Medical Society v. SerioNew York Court of Appeals · 2003
  4. Nicholas v. KahnNew York Court of Appeals · 1979
  5. General Electric Capital Corp. v. New York State Division of Tax AppealsNew York Court of Appeals · 2004

5 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Rocha v. Bakhter Afghan Halal Kababs, Inc.District Court, E.D. New York · 2014
  2. State Farm Mutual Automobile Insurance v. FitzgeraldNew York Court of Appeals · 2015
  3. East Acupuncture, P.C. v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  4. Allstate Insurance v. RiveraNew York Court of Appeals · 2009
  5. Allstate Insurance v. DawkinsAppellate Division of the Supreme Court of the State of New York · 2008

38 more not listed; retrieve them via the Exa API.

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