Legal Opinion
Lamberson v. Village of Allegany
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 1990PublishedCited by 4 opinions
1Opinion of the Court
The files of a liability insurance carrier are deemed to be material prepared for litigation whether the material was prepared before or after suit commences and are protected from disclosure pursuant to CPLR 3101 (d) (2). "Whether a claim is accepted or rejected [by the liability carrier] in advance of litigation, or must be resolved in the litigation process, is incidental to the ultimate purpose of protecting the insured from liability for payment under an enforcable judgment. In consequence, once an accident has arisen there is little or nothing that the insurer or its employees do with…
2Cases cited4 opinions
- Kandel v. TocherAppellate Division of the Supreme Court of the State of New York · 1965
- Finegold v. LewisAppellate Division of the Supreme Court of the State of New York · 1965
- Mosier v. Van Der Horst Research Corp.Appellate Division of the Supreme Court of the State of New York · 1966
- Parker v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1965
3Cited by4 opinions
- Litvinov v. HodsonAppellate Division of the Supreme Court of the State of New York · 2010
- Hudson Specialty Ins. Co. v. Haley & Aldrich, Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- Merchants Preferred Ins. Co. v. CampbellAppellate Division of the Supreme Court of the State of New York · 2022
- Teran v. AstAppellate Division of the Supreme Court of the State of New York · 2018