Raymond v. Allstate Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
Plaintiffs’ action against defendant no-fault insurer to recover first-party insurance benefits was summarily dismissed on a finding that plaintiffs had failed to comply with conditions contained in the policy, requiring the execution and filing of a written proof of claim, the submission by the insured to a physical examination and examination under oath and the furnishing to the insurer of an authorization to obtain medical records. On review of the record, we disagree and find that there exists a factual issue as to whether plaintiffs substantially breached…
2Cases cited7 opinions
- Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1981
- Beckley v. Otsego County Farmers Cooperative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
- Porter v. . Traders' Ins. Co.New York Court of Appeals · 1900
- Happy Hank Auction Co. v. American Eagle Fire InsuranceNew York Court of Appeals · 1956
- Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- High Fashions Hair Cutters v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1988
- King v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- 232 Broadway Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1994
- Baerga v. Transtate InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Falcon Crest Diamonds, Inc. v. DixonNew York Supreme Court · 1996
3 more not listed; retrieve them via the Exa API.