Legal Opinion

In re the Arbitration between 20th Century Insurance & Lumbermen's Mutual Casualty Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1981PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

SCHNEPP, J.

A person was using his motor vehicle within the meaning of section 672 (subd 1, par [a]) of the Insurance Law and is entitled to first-party benefits from the insurer of his vehicle when he was struck by another motor vehicle while standing behind and unloading the trunk of his vehicle. Furthermore, his insurer is not entitled to reimbursement or contribution from the insurer of the vehicle at fault in causing the injuries.

*289On January 26, 1978 Kenneth Lawrence was standing behind his automobile which was parked on the street in front of 932 Elmwood Avenue,…

2Cases cited1 opinion

  1. Colon v. Aetna Casualty & Surety Co.New York Court of Appeals · 1980

3Cited by13 opinions

  1. Walton v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1996
  2. National Indemnity Co. v. Farm Bureau Mutual Insurance Co.Supreme Court of Minnesota · 1984
  3. Boyce v. VazquezAppellate Division of the Supreme Court of the State of New York · 1998
  4. State Farm Mutual Automobile Insurance v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1987
  5. General Accident, Fire & Life Insurance v. ViruetAppellate Division of the Supreme Court of the State of New York · 1991

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