Kurcsics v. Merchants Mutual Insurance

OPINION OF THE COURT

Witmer, J.

This appeal depends upon the meaning of "first party benefits” in article 18 of the Insurance Law (§§670-678), New York’s Comprehensive Automobile Insurance Reparations Act, providing for no-fault insurance protection to "covered persons” and requires us to construe that law with particular reference to paragraph (a) of subdivision 2 of section 671 thereof. Plaintiff has lost in excess of $1,000 per month in earnings since his motor vehicle accident on April 1, 1977, but defendant insurance carrier has paid him only 80% thereof, to wit, $800 per month. In this…