Legal Opinion

Downey v. Allstate Insurance

District Court, S.D. New York

Decided July 22, 1986No. 86 Civ. 0525 (CLB)PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

BRIEANT, Judge.

By cross motions for summary judgment fully submitted on July 7, 1986, this Court is asked to decide whether Circular Letter No. 13, which was issued by the New York Superintendent of Insurance and distributed to insurance companies such as the defendant Allstate Insurance Company (“Allstate"), has the force and effect of law so as to create a private right of action in the insured in the event the letter’s directions are contravened.

The facts of this case are as follows. On December 10,1984, plaintiff Gertrude Downey was injured in an automobile accident…

2Cases cited11 opinions

  1. People v. CullNew York Court of Appeals · 1961
  2. Breen v. Cunard Lines Steamship Co.New York Court of Appeals · 1974
  3. Callahan v. American Motorists InsuranceNew York Supreme Court · 1968
  4. Garry v. Worldwide Underwriters InsuranceNew York Supreme Court · 1983
  5. Passaro v. Metropolitan Property & Liability InsuranceNew York Supreme Court · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Wied v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
  2. Chaim v. BenedictAppellate Division of the Supreme Court of the State of New York · 1995
  3. Erwig v. Edward F. Cook Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Village of Kiryas Joel Local Development Corporation v. Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 1993
  5. Morris v. Progressive Cas. Ins. Co., Inc.District Court, S.D. New York · 1987

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