Legal Opinion

State Farm Mutual Automobile Insurance v. Nationwide Mutual Insurance

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

Decided May 25, 1989PublishedCited by 11 opinions

1Opinion of the CourtLevine, J.

Appeal from an order of the Supreme Court (Fischer, J.), entered May 26, 1988 in Broome County, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action.

In July 1985, Mark Yeager, riding a bicycle, was injured when he was struck by a car operated by Stephen Kastenhu*977her and owned by Carol Van Ostrand. Yeager’s claim for no-fault benefits was denied by Van Ostrand’s automobile insurance carrier, Nationwide Mutual Insurance Company (hereinafter Nationwide), on the ground that the Van Ostrand vehicle was being driven without the owner’s consent and, hence,…

2Cases cited8 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
  3. MATTER OF GOLDMAN v. McGuireNew York Court of Appeals · 1985
  4. In Re the Arbitration Between Cady & Aetna Life & Casualty Co.New York Court of Appeals · 1984
  5. State-Wide Insurance v. Buffalo InsuranceAppellate Division of the Supreme Court of the State of New York · 1984

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

3Cited by11 opinions

  1. New York Central Mutual Fire Insurance v. Amica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
  2. Travis v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1992
  3. Matter of Infinity Indem. Ins. Co. v. Hereford Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Fiduciary Insurance v. American Bankers InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
  5. Fiduciary Insurance v. American Bankers InsuranceAppellate Division of the Supreme Court of the State of New York · 2015

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

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