Legal Opinion

Miller v. Liberty Mutual Fire Insurance

New York Supreme Court

Decided November 16, 1965PublishedCited by 17 opinions

1Opinion of the Court

Meier Steinbrink,

Spec. Ref. Plaintiff brings this declaratory judgment action to declare invalid the “subrogation” portion of his automobile insurance policy as it applies to medical payments and to declare invalid two trust receipts exacted of him by defendant, his insurance carrier, as a condition to payment of his claim for medical expenses. There is no substantial dispute as to the facts.

On May 27, 1962, plaintiff, a resident of the State of New York, for a premium which he paid, including the premium for medical payments, purchased an automobile owner’s insurance policy from defendant…

2Cases cited4 opinions

  1. Pimpinello v. Swift & Co.New York Court of Appeals · 1930
  2. Peller v. Liberty Mutual Fire InsuranceCalifornia Court of Appeal · 1963
  3. In Re the Estate of StoneNew York Court of Appeals · 1936
  4. General Accident, Fire & Life Assurance Corp., of Perth v. Zerbe Construction Co.New York Court of Appeals · 1935

3Cited by17 opinions

  1. Silinsky v. State-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
  2. Hospital Service Corp. v. Pennsylvania InsuranceSupreme Court of Rhode Island · 1967
  3. Travelers Indemnity Co. v. VaccariSupreme Court of Minnesota · 1976
  4. Berlinski v. OvelletteSupreme Court of Connecticut · 1973
  5. Demmery v. National Union Fire InsuranceSuperior Court of Pennsylvania · 1967

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