Morris C. Gurnee, Appellant,
v.
Aetna Life and Casualty Company, Respondent.
Moshe Weinreich, Appellant,
v.
State-Wide Insurance Company et al., Respondents, et al., Defendants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 12, 1982.
Decided February 18, 1982.
Attorney(s) appearing for the Case
Willard M. Pottle, Jr., for appellant in the first above-entitled action.
Lawrence Milberg and Jeremy M. Heisler for appellant in the second above-entitled action.
Charles Platto, William E. Hegarty, Kevin J. Burke and Ralph L. Halpern for respondent in the first above-entitled action. Charles Platto, William E. Hegarty and Kevin J. Burke for State-Wide Insurance Company, respondent in the second above-entitled action.
Eugene A. Leiman for Maryland Casualty Company, respondent in the second above-entitled action.
Sheldon V. Burman for Samuel Uretsky and others, amici curiae, in the first above-entitled action.
Robert Abrams, Attorney-General (Shirley Adelson Siegel and Robert S. Hammer of counsel), for Superintendent of Insurance of the State of New York, amicus curiae, in the second above-entitled action.
Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG taking no part.
Court of Appeals of the State of New York.
Chief Judge COOKE.
These cases present the question whether the holding of Kurcsics v Merchants Mut. Ins. Co. (49 N.Y.2d 451) should be given retroactive effect. For the outlined reasons, this court holds that Kurcsics should be applied to all claims not barred by the Statute of Limitations.
In Kurcsics, the court construed the phrase "first party...
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