Liberty Mutual Insurance v. American Stevedores, Inc.

Appellate Division of the Supreme Court of New York

Liberty Mutual Insurance v. American Stevedores, Inc.

278 A.D. 661, 102 N.Y.S.2d 465, 1951 N.Y. App. Div. LEXIS 4264

Appellate Division of the Supreme Court of the State of New York·Decided February 13, 1951·Published·Cited by 3 cases

Opinion

Action by an insurance carrier, pursuant to subdivision 2 of section 29 of the Workmen’s Compensation Law, to recover damages, as against a third party, for personal injuries sustained by a person who has received compensation payments. Order denying motion to strike out so much of the 16th paragraph of the complaint as alleges that the injured party has an interest in the outcome and result of the action, insofar as appealed from, affirmed, with $10 costs and disbursements. The interest of the injured party is as material as if he were bringing the action. To hold this factor to be unnecessary would make it appear that the insurer was endeavoring to collect and retain for himself all of the damages for the injury in excess of its payments by way of compensation and expenses. Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Action by an insurance carrier, pursuant to subdivision 2 of section 29 of the Workmen’s Compensation Law, to recover damages, as against a third party, for personal injuries sustained by a person who has received compensation payments. Order denying motion to strike out so much of the 16th paragraph of the complaint as alleges that the injured party has an interest in the outcome and result of the action, insofar as appealed from, affirmed, with $10 costs and disbursements. The interest of the injured party is as material as if he were bringing the action. To hold this factor to be unnecessary would make it appear that the insurer was endeavoring to collect and retain for himself all of the damages for the injury in excess of its payments by way of compensation and expenses. Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ., concur.

Liberty Mutual Insurance v. American Stevedores, Inc., 278 A.D. 661, 102 N.Y.S.2d 465, 1951 N.Y. App. Div. LEXIS 4264 (N.Y. Ct. App. 1951).

Pincite

278 A.D. 661 (Liberty Mutual Insurance v. American Stevedores, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related