New York Court of Appeals, 1986

De Urbaez v. Lumbermens Mutual Casualty Co.

New York Court of Appeals · Decided November 11, 1986

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

Cases that cite this one

4 later published cases cite this decision.

Kujbida v. Horizon Insurance Agency, Inc. (Ill. App. Ct. 1994)
BRENTWOOD PAIN & REHABILITATION SERV. v. Allstate Ins. Co. (District Court, S.D. New York 2007)
Brentwood Pain & Rehabilitation Services, P.C. v. Allstate Insurance (District Court, S.D. New York 2007)
In re the Arbitration between Lumbermens Mutual Casualty Co. & Brooks (Appellate Division of the Supreme Court of New York 2004)

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

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.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.