Etkind, P. C. v. Allstate Insurance
Civil Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The issue in this case is whether an insurer’s failure to issue a timely denial of claim pursuant to the regulations of the New York State Insurance Department bars the insurer from denying coverage in an action for recovery of no-fault benefits.
The facts appear from the moving papers as follows: On July 18, 1980, Anastasios Tsaousidis was injured in an automobile accident involving a vehicle allegedly insured by defendant. Plaintiff rendered medical treatment to the injured party, obtained an assignment of his no-fault benefits, and submitted his bill…
2Cases cited11 opinions
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Allstate Insurance v. MoonAppellate Division of the Supreme Court of the State of New York · 1982
- In re the Arbitration between Aetna Casualty & Surety Co. & MariAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by3 opinions
- Presbyterian Hospital v. Aetna Life & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997