Legal Opinion

Micha v. Merchants Mutual Insurance

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1983PublishedCited by 18 opinions

1Opinion of the Court

— Appeal from an order of the Supreme Court at Special Term (Smyk, J.), entered September 9,1982 in Broome County, which denied defendant’s motion to dismiss the complaint. The dispositive issue on this appeal concerns the accrual date for an insured’s cause of action against his motor vehicle liability insurer based upon the insurer’s refusal to pay first-party benefits under the “no-fault” provisions of its insurance policy. We reject defendant’s contention that the accrual date for the cause of action is the date of the accident and hold that it accrues when the payment of benefits becomes…

2Cases cited8 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Montgomery v. DanielsNew York Court of Appeals · 1975
  3. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  4. Gurnee v. Aetna Life & Casualty Co.New York Court of Appeals · 1982
  5. Kolmer-Marcus, Inc. v. WinerAppellate Division of the Supreme Court of the State of New York · 1969

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

3Cited by18 opinions

  1. Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1996
  2. State Farm Mut. Auto. Ins. Co. v. LeeSupreme Court of Florida · 1996
  3. Mandarino v. Travelers Property Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  4. Contact Chiropractic, P.C. v. N.Y.C. Transit Auth.Court for the Trial of Impeachments and Correction of Errors · 2018
  5. Benson v. Boston Old Colony InsuranceAppellate Division of the Supreme Court of the State of New York · 1987

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

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