Lamberson v. Village of Allegany
Cases that cite this one
4 later published cases cite this decision.
- Merchants Preferred Ins. Co. v. Campbell (Appellate Division of the Supreme Court of New York 2022)
- Hudson Specialty Ins. Co. v. Haley & Aldrich, Inc. (Appellate Division of the Supreme Court of New York 2018)
- Teran v. Ast (Appellate Division of the Supreme Court of New York 2018)
- Litvinov v. Hodson (Appellate Division of the Supreme Court of New York 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The files of a liability insurance carrier are deemed to be material prepared for litigation whether the material was prepared before or after suit commences and are protected from disclosure pursuant to CPLR 3101 (d) (2). "Whether a claim is accepted or rejected [by the liability carrier] in advance of litigation, or must be resolved in the litigation process, is incidental to the ultimate purpose of protecting the insured from liability for payment under an enforcable judgment. In consequence, once an accident has arisen there is little or nothing that the insurer or its employees do with respect to an accident report except in contemplation and in preparation for eventual litigation or for a settlement which may avoid the necessity of litigation.” (Kandel v Tocher, 22 AD2d 513, 515; see also, Finegold v Lewis, 22 AD2d 447; Parker v New York Tel. Co., 24 AD2d 1067; Mosier v Van Der Horst Research Corp., 25 AD2d 938.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.