Legal Opinion
LaBella v. Allstate Insurance
Appellate Division of the Supreme Court of the State of New York
Decided May 3, 1999PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover underinsurance benefits under an automobile liability policy issued by the defendant to the plaintiff, the defendant appeals from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated December 22, 1997, which denied its cross motion to dismiss the complaint, and granted the plaintiff’s motion to the extent of directing it to consent to the settlement of the plaintiff’s claim against the tortfeasor in the underlying personal injury action and waive its subrogation rights, or accept an assignment of such claim.
Ordered that the order is reversed, on the…
2Cases cited5 opinions
- Nationwide Mutual Insurance v. EdgersonAppellate Division of the Supreme Court of the State of New York · 1993
- Merchants Mutual Insurance v. HurbanAppellate Division of the Supreme Court of the State of New York · 1990
- Owen v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
- National Union Fire Insurance Co. of Pittsburgh, Pa. v. LeongAppellate Division of the Supreme Court of the State of New York · 1998
- Paz v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by3 opinions
- Losito v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Miguel v. 41-42 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Charles v. Jamaica HospitalAppellate Division of the Supreme Court of the State of New York · 2006