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WEINBERG v. TRANSAMERICA INS. CO.

62 N.Y.2d 379 (1984)

Samuel Weinberg, Appellant, v. Transamerica Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided June 14, 1984.

Attorney(s) appearing for the Case

Robert A. Scher and Michael G. Rosenberg for appellant.

Barry Jacobs for respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER, MEYER, SIMONS and KAYE concur.

JONES, J.

In effecting a settlement of personal injury claims against a third-party tort-feasor arising out of a motor vehicle accident, an insured will be held to have prejudiced the subrogation rights of his insurer unless he establishes by express provision in the release executed to the third party or by necessary implication arising from the circumstances of the...

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