Legal Opinion

Lavine v. Indemnity Insurance Co. of North America

New York Court of Appeals

Decided January 10, 1933PublishedCited by 64 opinions

1Opinion of the CourtHubbs, J.

This is an action brought pursuant to section 109 of the Insurance Law (Cons. Laws, ch. 28) to collect, under an automobile garage public liability and property damage policy issued by the defendant, the amount of a judgment for damages recovered by the plaintiff against Adolf C. Englert on account of the death of the plaintiff’s intestate in an automobile accident. An execution against Englert has been returned unsatisfied. The complaint alleges that the death of plaintiff’s intestate was caused by a Studebaker automobile which was being operated by the agent, servant or employee and upon…

2Cases cited3 opinions

  1. Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
  2. Brustein v. New Amsterdam Casualty Co.New York Court of Appeals · 1931
  3. Weatherwax v. Royal Indemnity Co.New York Court of Appeals · 1929

3Cited by64 opinions

  1. Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
  2. O'Dowd v. American Surety Co.New York Court of Appeals · 1957
  3. Frederick J. Platek v. Town of Hamberg / Allstate Indemnity CompanyNew York Court of Appeals · 2015
  4. Phoenix Insurance v. GuthielNew York Court of Appeals · 1957
  5. Mason v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1960

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