Gluck v. London & Lancashire Indem. Co. of America

Decision Date04 April 1957
Citation2 N.Y.2d 953,162 N.Y.S.2d 357
Parties, 142 N.E.2d 423 Helen GLUCK as Administratrix of the Estate of Carl Gluck, Deceased, Respondent, v. LONDON & LANCASHIRE INDEMNITY COMPANY OF AMERICA, Appellant.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, Second Department, 2 A.D.2d 751, 153 N.Y.S.2d 518.

Administratrix brought action against automobile liability insurer to enforce judgment against insured.

The Supreme Court, Trial Term, Kings County, A. David Benjamin, J., 134 N.Y.S.2d 889, directed a verdict for the insurer and, 207 Misc. 471, 138 N.Y.S.2d 70, denied motion of administratrix for a new trial, and the administratrix appealed.

The Appellate Division, 2 A.D.2d 751, 153 N.Y.S.2d 518, reversed the judgment and order, granted a new trial, and held that evidence as to whether timely notice had been served on insurer presented an issue for the jury, requiring a new trial in the interests of justice. Wenzel, Acting P. J., and Ughetta, J., dissented.

The insurer appealed to the Court of Appeals, contending that notice of accident was not given by insured within a reasonable time after the accident, and that there was no question as to notice, which could be submitted to the jury, and that there was no sufficient notice given by or on behalf of the injured person, and that the policy was a voluntary one at the time of the accident, and that there was no waiver of the conditions...

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40 cases
  • Cortes Molina v. Tl Dallas (Special Risks) Ltd., Civil No. 06-1359 (DRD).
    • United States
    • U.S. District Court — District of Puerto Rico
    • 31 March 2008
    ...Gluck v. London & Lancashire Ind. Co. of America, 2 A.D.2d 751, 153 N.Y.S.2d 518 [(1956)], affd. without opinion 2 N.Y.2d 953, 162 N.Y.S.2d 357, 142 N.E.2d 423 [(1957)]). On the other hand, absent an excuse or mitigating circumstances, courts have assumed the function of determining fulfill......
  • Rand v. UNDERWRITERS AT LLOYD'S, ETC.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 11 October 1961
    ...Lancashire Indem. Co., 1957, 3 N.Y.2d 127, 129, 164 N.Y.S.2d 689, 691, 143 N.E.2d 889, 890. See Gluck v. London & Lancashire Indem. Co. of America, 2 N.Y.2d 953, 162 N.Y.S.2d 357, 142 N.E.2d 423; West Virginia Pulp & Paper Co. v. Merchants Mut. Ins. Co., 3rd Dept.1960, 10 A.D.2d 451, 201 N.......
  • Zurich Ins. Co. v. Martinez
    • United States
    • New York Supreme Court
    • 21 June 1960
    ...5 N.Y.2d 961, 184 N.Y.S.2d 837; Gluck v. London & Lancashire Indemnity Co. of America, 2 A.D.2d 751, 153 N.Y.S.2d 518, affirmed 2 N.Y.2d 953, 162 N.Y.S.2d 357). Deso (3 N.Y.2d 127, 164 N.Y.S.2d 689, supra) recognized unawareness of insurance coverage as an acceptable excuse for delayed noti......
  • Reynolds Metal Co. v. Aetna Cas. & Sur. Co.
    • United States
    • New York Supreme Court — Appellate Division
    • 21 October 1999
    ...689, 143 N.E.2d 889 [discussing Gluck v. London Lancashire Indem. Co. of Am., 2 A.D.2d 751, 153 N.Y.S.2d 518, affd. 2 N.Y.2d 953, 162 N.Y.S.2d 357, 142 N.E.2d 423]; Sparacino v. Pawtucket Mut. Ins. Co., 50 F.3d 141, 143; cf., Empire City Subway Co. v Greater N.Y. Mut. Ins. Co., supra, at 13......
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