Legal Opinion

Colon v. Aetna Casualty & Surety Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 1978PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Hopkins, J. P.

This appeal presents a question of the interpretation of the Comprehensive Automobile Insurance Reparations Act—the "no-fault” statute (Insurance Law, art 18). The question, briefly stated, is whether a driver who alights from his disabled automobile, walks along the highway and is struck by a passing automobile, is entitled to first-party benefits under the insurance policy covering the offending automobile pursuant to the provisions of the no-fault statute.

The plaintiff instituted this action for a declaratory judgment adjudicating that the defendant, the…

2Cases cited15 opinions

  1. Montgomery v. DanielsNew York Court of Appeals · 1975
  2. Palmer v. . Van SantvoordNew York Court of Appeals · 1897
  3. Matter of City of BrooklynNew York Court of Appeals · 1895
  4. Rice v. Allstate InsuranceNew York Court of Appeals · 1973
  5. Matter of Curtin v. City of New YorkNew York Court of Appeals · 1942

10 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hughes v. Nationwide Mutual InsuranceNew York Supreme Court · 1979
  2. Johnson v. Hartford InsuranceNew York Supreme Court · 1979
  3. Fleming v. Allstate InsuranceNew York Supreme Court · 1980
  4. Colonial Penn Insurance v. CurryNew York Supreme Court · 1993
  5. Fallsview Glatt Kosher Caterers, Inc. v. RosenfeldCivil Court of the City of New York · 2005

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