BANNER CAS v. NATIONWIDE INS


115 Misc.2d 453 (1982)

Banner Casualty Company, as Subrogee of Mike Medina, Plaintiff, v. Nationwide Insurance Company, Defendant.

Civil Court of the City of New York, Trial Term, Kings County.

September 3, 1982


Attorney(s) appearing for the Case

Oppenheim, Cohen & McCoy (Mark Marcus of counsel), for plaintiff. Eugene A. Tomei for defendant.


IRA B. HARKAVY, J.

The two issues presented at this trial are: what is the obligation of an insurer to an innocent third party and what degree of proof is necessary to demonstrate that an insurer acted diligently in seeking to obtain the co-operation of its assured? In this action, based on section 167 of the Insurance Law, a judgment creditor is proceeding against an obligor of a casualty policy after an execution against the assured was returned unsatisfied...

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