Raffellini v. State Farm Mutual Automobile Insurance
New York Court of Appeals
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
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
- Medical Society v. SerioNew York Court of Appeals · 2003
- Nicholas v. KahnNew York Court of Appeals · 1979
- General Electric Capital Corp. v. New York State Division of Tax AppealsNew York Court of Appeals · 2004
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- Allstate Insurance v. RiveraNew York Court of Appeals · 2009
- Allstate Insurance v. DawkinsAppellate Division of the Supreme Court of the State of New York · 2008
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