Burke v. Liberty Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Lynch, J.), entered September 17, 1992 in Schenectady County, which denied defendant’s motion for summary judgment dismissing the complaint.
On August 4, 1985, while operating a vehicle rented from Payless Car Rental Corporation and insured by defendant, plaintiff suffered personal injuries in a collision with another vehicle. In August 1986, plaintiff settled his claim against the driver of the other vehicle for $10,000 and executed a general release in his favor. On July 7, 1987, plaintiff advised defendant of the third-party settlement and…
2Cases cited6 opinions
- Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
- State Farm Mutual Insurance v. ParkerAppellate Division of the Supreme Court of the State of New York · 1990
- Grimm Building Material Co. v. Russ Freeman Excavating, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Koretnicki v. Firemen's InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
- Aetna Casualty & Surety Co. v. Pennsylvania Manufacturers Ass'nAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by5 opinions
- Ferrando v. Auto-Owners Mutual InsuranceOhio Supreme Court · 2002
- Salas v. Mountain States Mut. Cas. Co.New Mexico Court of Appeals · 2007
- Ferrando v. Auto-Owners Mutual InsuranceOhio Supreme Court · 2002
- In re the Arbitration between Nationwide Mutual Insurance & TarsiaAppellate Division of the Supreme Court of the State of New York · 1999
- Salas v. Mountain States Mutual Casualty Co.New Mexico Court of Appeals · 2007