Appellate Term, Second Department · June 26, 2026 · 2026 NY Slip Op 51311[U]
Merced v GEICO Ins. Agency, LLC
Read the official decision: 2026 NY Slip Op 51311[U]
Holding The court affirmed the dismissal of the complaint against the insurer because there is no privity of contract between the injured plaintiff and the tortfeasor’s insurer. Consequently, the plaintiff failed to state a cause of action as the statutory conditions for suing the insurer under Insurance Law § 3420 were not met.
The court’s words
As there is no privity of contract between a person who is injured or sustains damages and the insurer of the tortfeasor
2026 NY Slip Op 51311[U], at the official text
such person cannot sue the tortfeasor's insurer except as set forth in Insurance Law § 3420 in order to satisfy a judgment obtained against the tortfeasor
2026 NY Slip Op 51311[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | June 26, 2026 |
| Citation | 2026 NY Slip Op 51311[U] |
| Area of law | Insurance |
| Week | Week ending June 27, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51311[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 322 |
Recommended citation
ESQ HQ, New York Law Watch, Merced v GEICO Ins. Agency, LLC, 2026 NY Slip Op 51311[U] (Appellate Term, Second Department, June 26, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51311-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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