Legal Opinion

In Re the Arbitration Between Fresh Meadows Medical Associates & Liberty Mutual Insurance

New York Court of Appeals

Decided November 21, 1979PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

In determining the entitlement of a claimant to his attorney’s reasonable fee incident to the resolution of his claim for first-party benefits in arbitration under section 675 of the Insurance Law, the arbitrator may take into account services rendered by the attorney in substantiating the claim for that fee.

Janina Tokarz was injured in an automobile accident that occurred on December 21, 1974. At the time she was a passenger in an automobile operated by Edward Adams who was insured under a liability policy issued by Liberty Mutual Insurance Company. Tokarz…

2Cases cited2 opinions

  1. Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
  2. In re the Arbitration between Country-Wide Insurance & BarriosNew York Court of Appeals · 1977

3Cited by17 opinions

  1. Lancer Indemnity Co. v. JKH Realty Group, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  2. United States Lines, Inc. v. American Steamship Owners Mutual Protection & Indemnity Ass'n (In Re United States Lines, Inc.)United States Bankruptcy Court, S.D. New York · 1994
  3. Hempstead General Hospital v. Allstate General InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  4. Kumble v. Windsor Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1990
  5. Hempstead General Hospital v. Allstate InsuranceNew York Supreme Court · 1983

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