Nationwide Mutual Insurance v. Country-Wide Insurance

OPINION OF THE COURT

Greenblott, J. P.

John Gentile, a passenger on a motorcycle owned by Janice Drobneck, was injured in a collision on August 30, 1975 between the motorcycle and an automobile. Defendant insured the motorcycle and plaintiff insured the automobile. Pursuant to article 18 of the Insurance Law (Comprehensive Automobile Insurance Reparations Act), plaintiff paid *305$1,574.75 in medical specials and lost wages (first-party benefits) to Gentile.

When Gentile failed to institute an action against Drobneck on January 12,1978, in accordance with the provisions of subdivision 2 of section…