Dean v. Nationwide Mutual Insurance

Order unanimously affirmed, with costs. Memorandum: On May 15, 1976, an automobile owned and operated by Dean and insured by appellant Nationwide Mutual Insurance Company (Nationwide) was involved in an accident with an uninsured vehicle owned by Delaney. Dean sued Nationwide under the uninsured motorist provision in her insurance policy and sought arbitration of her claim. The company refused, however, to pay Dean’s claim for "pain and suffering” on the ground that she had not sustained a "serious injury” as that term is defined in subdivision 4 of section 671 of the Insurance Law. Instead,…