New York Court of Appeals
Winifred D. Jackson, as Administratrix of the Estate of James L. Jackson, Deceased, Plaintiff v. Citizens Casualty…
April 12, 1938277 N.Y. 385
Summary
The New York Court of Appeals held that the cause of action created by subdivision 1 of section 109 of the Insurance Law is limited to the injured person or his or her personal representative and therefore is not assignable to a third party. The Court affirmed the Appellate Division’s denial of the motion to revive the action and substitute the assignee as plaintiff.