Raia v. Cook

This is a motion by the third-party defendant for summary judgment dismissing the third-party complaint on the ground that it is barred by subdivision 3 of section 167 of the Insurance Law.

The third-party action seeks a judgment declaring that the plaintiff husband (driver of the vehicle in collision with defendant’s vehicle) is entitled to full protection under his automobile liability policy from the third-party defendant insurance carrier against the counterclaim of the defendants who seek apportionment under the authority of Dole v. Dow Chem. Co. (30 N Y 2d 143) for any liability found…