Legal Opinion
Gutnick v. Long Island Insurance
New York Supreme Court
Decided October 16, 1967PublishedCited by 3 opinions
1Opinion of the CourtPhilip M. Kleinfeld, J.
In this action for a declaratory judgment, arising out of an insurer’s disclaimer, the principal issue is whether the disclaimer was justified by reason of the assured’s failure to co-operate.
The subject accident occurred on December 6, 1964. After receipt of a communication from the attorney for the plaintiff, the injured party, the insurer sent an investigator to the *964assured who signed a statement, on June 22, 1965, in which he denied that he had ever been served with process. On June 25, 1965, the insurer wrote to the assured, pointing out that, in view of his denial of service, and…
2Cases cited3 opinions
- Albert v. Public Service Mutual Casualty Ins. Corp.New York Court of Appeals · 1944
- Albert v. Public Service Mutual Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1943
- Rivera v. Merchants Mutual Casualty Co.City of New York Municipal Court · 1960
3Cited by3 opinions
- Allstate Insurance v. LoesterNew York Supreme Court · 1998
- Employers-Commercial Union Insurance v. BuonomoAppellate Division of the Supreme Court of the State of New York · 1973
- Gutnick v. Long Island InsuranceAppellate Division of the Supreme Court of the State of New York · 1968