Legal Opinion

Hebert v. State Farm Mutual Automobile Insurance

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

Decided November 26, 1986PublishedCited by 7 opinions

1Opinion of the Court

*959In a contract action to recover first-party benefits from his no-fault insurance carrier, plaintiff in his complaint, as amplified by a bill of particulars, seeks punitive damages. Defendant decided not to pay plaintiff, who some three weeks after undergoing surgery for a herniated disc on the right side was involved in a motor vehicle accident resulting in left shoulder and neck pain, giving rise to plaintiff’s no-fault claim. Plaintiff charges this decision was inspired by malice and bad faith, primarily because defendant, acting through a claims adjuster who lacked medical training and…

2Cases cited6 opinions

  1. Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
  2. Royal Globe Insurance v. Chock Full O'Nuts Corp.Appellate Division of the Supreme Court of the State of New York · 1982
  3. Keen v. KeenNew York Court of Appeals · 1986
  4. Keen v. KeenAppellate Division of the Supreme Court of the State of New York · 1985
  5. Home Insurance of Indiana v. KarantonisAppellate Division of the Supreme Court of the State of New York · 1986

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

3Cited by7 opinions

  1. Monroe v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
  2. O'Dell v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
  3. Botway v. American International Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1989
  4. Salka v. Lumbermens Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1987
  5. Tate v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1992

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

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