Aetna Casualty & Surety Co. v. Gutstein
Cases that cite this one
22 later published cases cite this decision.
- Pellegrino v. State Farm Insurance (New York Supreme Court 1996)
- State Farm Mutual Automobile Insurance v. Bonifacio (Appellate Division of the Supreme Court of New York 2010)
- State Farm Mutual Automobile Insurance v. Nicoletti (Appellate Division of the Supreme Court of New York 2004)
- In re the Arbitration between New York Casualty Ins. & Enzinna (New York Supreme Court 2004)
- Government Employees Insurance v. Paolicelli (Appellate Division of the Supreme Court of New York 2003)
- Dean v. Tower Insurance (N.Y. 2012)
- Allstate Insurance v. DiBello (Appellate Division of the Supreme Court of New York 2007)
- Lindner v. Wilkerson (Appellate Division of the Supreme Court of New York 2003)
- Appell v. State Farm Insurance (Appellate Division of the Supreme Court of New York 2002)
- New York Central Mutual Fire Insurance v. Peckey (Appellate Division of the Supreme Court of New York 2002)
- Nationwide Insurance v. Smaller (Appellate Division of the Supreme Court of New York 2000)
- Zurich Insurance v. Adorno (Appellate Division of the Supreme Court of New York 1999)
- American National Property & Casualty Co. v. Chulack (Appellate Division of the Supreme Court of New York 1999)
- In re the Arbitration between Prudential Property & Casualty Insurance & Galioto (Appellate Division of the Supreme Court of New York 1999)
- Government Employees Insurance v. Troisi (Appellate Division of the Supreme Court of New York 1998)
- Dutkanych v. United States Fidelity & Guaranty Co. (Appellate Division of the Supreme Court of New York 1998)
- Cozza v. Aetna Insurance (Appellate Division of the Supreme Court of New York 1997)
- Tamakloe v. Cambridge Mutual Fire Insurance (Massachusetts Superior Court 1997)
- Koback v. Commercial Union Insurance (Appellate Division of the Supreme Court of New York 1996)
- Aetna Casualty & Surety Co. v. Panetta (Appellate Division of the Supreme Court of New York 1994)
- Board of Education v. Christa Construction, Inc. (N.Y. 1993)
- New York Central Mutual Fire Insurance v. Kowalski (Appellate Division of the Supreme Court of New York 1993)
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
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the petition to stay arbitration granted.
Under the facts of this case as found by Supreme Court, respondent, who maintained an apartment in Manhattan where he resided more than 80% of the time, is not a covered person entitled to uninsured motorist benefits under his father’s insurance policy. The policy provides such coverage only for a "family member”, defined in the policy as "a person related to [the insured] by blood, marriage or adoption who is a resident of [the insured’s] household”.
Although respondent stored some belongings in his parent’s New Jersey house and spent the night there occasionally, we conclude that Supreme Court’s finding that respondent was not a resident of his father’s household more nearly comports with the weight of the evidence than does the Appellate Division’s contrary finding.
Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur in memorandum.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.