Legal Opinion

Friedman v. Allstate Insurance

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

Decided January 31, 2000PublishedCited by 7 opinions

1Opinion of the Court

—In an action to recover underinsured motorist benefits pursuant to an automobile insurance policy, the plaintiffs appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated January 8, 1999, which granted the defendant’s motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

It is undisputed that the plaintiffs failed to obtain the written consent of their insurance carrier, the defendant, Allstate Insurance Company (hereinafter Allstate), before settling the underlying negligence action with the tortfeasor, and that…

2Cases cited2 opinions

  1. State Farm Fire & Casualty Co. v. ZyburoAppellate Division of the Supreme Court of the State of New York · 1995
  2. Aetna Casualty & Surety Co. v. Longo Production, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by7 opinions

  1. Integon Insurance v. BattagliaAppellate Division of the Supreme Court of the State of New York · 2002
  2. Metlife Auto & Home v. ZampinoAppellate Division of the Supreme Court of the State of New York · 2009
  3. Prudential Property & Casualty Insurance v. AmbeauAppellate Division of the Supreme Court of the State of New York · 2005
  4. Matter of Government Empls. Ins. Co. v. ArcielloAppellate Division of the Supreme Court of the State of New York · 2015
  5. State Farm Mutual Automobile Insurance v. LucanoAppellate Division of the Supreme Court of the State of New York · 2004

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