1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 76 N.Y.2d
  5. 76 N.Y.2d 248 (1990)
 

DIETRICK v. KEMPER INS. CO.

76 N.Y.2d 248 (1990)

Mertye P. Dietrick, Appellant, v. Kemper Insurance Company (American Motorists Insurance Company), Respondent.

Court of Appeals of the State of New York.

Decided June 14, 1990.

Attorney(s) appearing for the Case

James G. Levins, III, for appellant.

Mark B. Wheeler for respondent.

Judges KAYE, ALEXANDER and TITONE concur with Judge BELLACOSA; Chief Judge WACHTLER and Judges SIMONS and HANCOCK, JR., dissent and vote to affirm in a memorandum.

BELLACOSA, J.

The Appellate Division ruled that defendant Kemper Insurance Company (Kemper) possessed a lien, under Workers' Compensation Law § 29 (1-a), against the full settlement recovery plaintiff Dietrick secured from the driver of the vehicle who hit and caused injury to her. The lien represents the amount of workers' compensation payments from Kemper to Dietrick for permanent partial disability and...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases