What is the test to overturn a general release where a plaintiff has been injured in a motor vehicle accident?

MultiRegion, United States of America

The following excerpt is from AXA Marine and Aviation Ins. (UK) Ltd. v. Seajet Industries Inc., 84 F.3d 622 (2nd Cir. 1996):

Early notice of claim is important to an insured for several reasons. An early settlement can cap liability as to those injuries or damages that the parties were aware of at the time of settlement and the results of those injuries or damages. Mangini v. McClurg, 24 N.Y.2d 556, 568, 301 N.Y.S.2d 508, 518, 249 N.E.2d 386, 393 (1969) (holding that a party seeking to overturn a general release must show that "he did not know and could not know of the later revealed injuries"); Pokora v. Albergo, 130 A.D.2d 473, 515 N.Y.S.2d 56, 56-57 (2d Dep't 1987).

Other Questions


What remedies are available to a plaintiff who alleges that she was injured in a motor vehicle accident while driving a car with an injured motor vehicle? ("New York", United States of America)
What is the impact of a motor vehicle accident on motor vehicle use in motor vehicle accidents? (MultiRegion, United States of America)
When a plaintiff is injured in a motor vehicle accident, can the motor vehicle exclusion clause prevent recovery? (MultiRegion, United States of America)
Does a plaintiff have to prove that they were injured in a motor vehicle accident to recover damages under section 1125(a) of the Ontario Motor Vehicle Act? (MultiRegion, United States of America)
What is the effect of a motor vehicle accident in which a motorcyclist was injured in a collision with another motor vehicle? (MultiRegion, United States of America)
Is a defendant liable for the resulting damage to a plaintiff who was injured in a motor vehicle accident as a result of the accident? (MultiRegion, United States of America)
Can a jury find a defendant's failure to control his vehicle was a concurrent cause of accident in a motor vehicle accident? (MultiRegion, United States of America)
Is contributory negligence a factor in determining whether a plaintiff has been injured in a motor vehicle accident? ("New York", United States of America)
In an action brought by a plaintiff, who was injured in a motor vehicle accident, can he continue to seek medical attention at sea? (MultiRegion, United States of America)
Is a plaintiff's claim that he was injured in a motor vehicle accident waived? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.