Mainella v. Allstate Insurance

—In an action to recover damages for breach of an insurance contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Hall, J.), dated February 1, 1999, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On August 9, 1994, the plaintiff was involved in an automobile accident and began receiving first-party no-fault benefits from the defendant, her automobile liability insurer. The plaintiff was physically examined by the defendant’s physicians and her benefits were terminated in April 1995. The…