Legal Opinion
Fabian v. Motor Vehicle Accident Indemnification Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1985PublishedCited by 16 opinions
1Opinion of the Court
Appeal by the *367Motor Vehicle Accident Indemnification Corporation (MVAIC) from a judgment of the Supreme Court, Kings County (Held, J.), dated January 6, 1984, which, after a “framed issue” trial, determined a disclaimer of insurance coverage by Allstate Insurance Company (Allstate) was valid.
Judgment reversed, on the law, with costs to MVAIC payable by Allstate, and Allstate’s disclaimer is determined to be invalid.
Allstate, in its letter of disclaimer, failed to assert the alleged noncooperation of its insured. Thus, Allstate cannot now assert that reason as a basis for its disclaimer…
2Cases cited3 opinions
- General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
- Lauritano v. American Fidelity Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
- Lauritano v. American Fidelity Fire InsuranceNew York Court of Appeals · 1958
3Cited by16 opinions
- Mount Sinai Hospital v. Triboro Coach, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Polak v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1992
- Richards v. Select Ins. Co., Inc.District Court, S.D. New York · 1999
- Massachusetts Bay Insurance v. FloodAppellate Division of the Supreme Court of the State of New York · 1987
- Dryden Central School District v. Dryden Aquatic Racing TeamAppellate Division of the Supreme Court of the State of New York · 1993
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