De Urbaez v. Lumbermens Mutual Casualty Co.

New York Court of Appeals

De Urbaez v. Lumbermens Mutual Casualty Co.

502 N.E.2d 993, 68 N.Y.2d 930, 510 N.Y.S.2d 78, 1986 N.Y. LEXIS 20882

CourtNew York Court of Appeals

DecidedNovember 11, 1986

StatusPublished

Cited by4 cases

This text of 502 N.E.2d 993 (De Urbaez v. Lumbermens Mutual Casualty Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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De Urbaez v. Lumbermens Mutual Casualty Co., 502 N.E.2d 993, 68 N.Y.2d 930, 510 N.Y.S.2d 78, 1986 N.Y. LEXIS 20882 (N.Y. 1986).

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Opinion

OPINION OF THE COURT

Order reversed, with costs, plaintiff’s motion for summary judgment granted and case remitted to Supreme Court, Bronx County, for further proceedings, for the reasons stated in the dissenting memorandum of Presiding Justice Francis T. Murphy at the Appellate Division (116 AD2d 534, 535-538). We add only that clause 17 of the policy is applicable notwithstanding the fact that the claim against the insurance company is for first-party benefits required by Insurance Law article 51. Under Insurance Law § 5103, no-fault insurance is mandated as a part of every owner’s liability insurance policy and, hence, is included in part I of the policy here to which clause 17 applies.

[933]*933Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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OPINION OF THE COURT

Order reversed, with costs, plaintiff’s motion for summary judgment granted and case remitted to Supreme Court, Bronx County, for further proceedings, for the reasons stated in the dissenting memorandum of Presiding Justice Francis T. Murphy at the Appellate Division (116 AD2d 534, 535-538). We add only that clause 17 of the policy is applicable notwithstanding the fact that the claim against the insurance company is for first-party benefits required by Insurance Law article 51. Under Insurance Law § 5103, no-fault insurance is mandated as a part of every owner’s liability insurance policy and, hence, is included in part I of the policy here to which clause 17 applies.

[933]*933Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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502 N.E.2d 993, 68 N.Y.2d 930, 510 N.Y.S.2d 78, 1986 N.Y. LEXIS 20882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-urbaez-v-lumbermens-mutual-casualty-co-ny-1986.

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