New York State Court of Claims

New York State Court of Claims
KEANE v. NEW YORK STATE DEPARTMENT OF INSURANCE

NEW YORK PROPERTIES INSURANCE

, # 2010-016-023, Claim No. None, Motion No. M-77429

Synopsis

Case information

UID: 2010-016-023
Claimant(s): WENDELL KEANE
Claimant short name: KEANE
Footnote (claimant name) :
Defendant(s): NEW YORK STATE DEPARTMENT OF INSURANCE
NEW YORK PROPERTIES INSURANCE
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): None
Motion number(s): M-77429
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Wendell Keane, Pro Se
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, AAG
Third-party defendant's attorney:
Signature date: March 29, 2010
City: New York
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Wendell Keane moves for permission to file a late claim pursuant to 10.6 of the Court of Claims Act (the "Act"). Mr. Keane did not annex a proposed claim to his papers, but in his affidavit in support, he essentially alleges that his insurance company, New York Property Insurance Underwriting Association, wrongly denied a claim that he made.

Ordinarily, in determining whether to grant this motion, six factors enumerated in the Act must be considered: whether (1) defendant had notice of the essential facts constituting the claim; (2) defendant had an opportunity to investigate the circumstances underlying the claim; (3) the defendant was substantially prejudiced; (4) the claimant has any other available remedy; (5) the delay was excusable and (6) the claim appears to be meritorious. In this case, however, a more fundamental jurisdictional issue must be addressed.

The New York Property Insurance Underwriting Association is a "joint underwriting association . . . consisting of all insurers authorized to write and engaged in writing within this state, on a direct basis, fire and extended coverage insurance . . ." Insurance Law 5402. It was created "to provide fire and extended coverage insurance to those persons . . . who were unable to obtain adequate . . . insurance following diligent efforts in the normal insurance market." Brueckner v Superintendent of Insurance of State of New York, 39 AD2d 383, 385 (1st Dept 1972), affd 33 NY2d 663 (1973). See also Insurance Law 5403(a). The Court of Claims has jurisdiction only over the State of New York and a number of other public entities so specified in statute. It does not have jurisdiction over New York Property Insurance Underwriting Association.

In view of the foregoing, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-77429 be denied.

March 29, 2010

New York, New York

Alan C. Marin

Judge of the Court of Claims


1. The following were reviewed: claimant's notice of motion with affidavit in support; defendant's affirmation in opposition; "Affirmation in Opposition to Motion to File a Late Claim" submitted on behalf of the New York Property Insurance Underwriting Association; and claimant's "Reply Statement."