Rubin v. Empire Mutual Insurance

Nunez, J. (dissenting).

Plaintiff recovered judgment in the Civil 'Court of the City of New York, County of New York for the sum of $2,433.50'. The case was submitted to the court on an agreed statement of facts.

The question presented was: ‘ ‘ Where the medical payments provision of the insurance policy provides that the insurer is ‘ to pay all reasonable expenses incurred within one year * * # to or for the named insured * * * is the insured precluded from recovering on the policy, absent an express exclusion by the fact that he is entitled to Workmen’s Compensation and payments- for…