Legal Opinion

In Re Arbitration Between Rosenbaum & American Surety Co.

New York Court of Appeals

Decided May 17, 1962PublishedCited by 74 opinions

1Opinion of the Court

Chief Judge Desmond.

In 1956 appellant’s testator (her husband) died as the result of injuries which, asserts appellant, were caused when he was struck by two automobiles, one of ■which, she alleges, was uninsured. At the time of that alleged accident there was in effect a policy of automobile liability insurance issued by respondent as to an automobile owned by appellant and her husband. The policy contained an ‘ ‘ uninsured motorist ” endorsement in this language:

“ To pay all sums which the insured shall be legally entitled to recover as damages from the owner or operator of an uninsured…

2Cases cited3 opinions

  1. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
  2. In re the Arbitration between Riverdale Fabrics Corp. & Tillinghast-Stiles Co.New York Court of Appeals · 1954
  3. Matter of Lehman v. OstrovskyNew York Court of Appeals · 1934

3Cited by74 opinions

  1. Flood v. Country Mutual InsuranceIllinois Supreme Court · 1968
  2. National Grange Mutual Insurance v. KuhnSupreme Court of Pennsylvania · 1968
  3. Pearl Street Development Corp. v. Conduit & Foundation Corp.New York Court of Appeals · 1976
  4. Price v. Farmers Ins. Co.Washington Supreme Court · 1997
  5. Price v. Farmers InsuranceWashington Supreme Court · 1997

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