Kenig v. Motor Vehicle Accident Indemnification Corp.

Moule, J. (dissenting).

Petitioner’s decedent was killed when he was struck by a tow truck while riding his bicycle. The tow truck was owned by Pete Bowen (doing business as “Bowen’s Arco”) and operated by Douglas Hollingsworth, an employee of Bowen’s Arco. On March 21, 1980 petitioner was appointed by Surrogate’s Court, Monroe County, as executrix of decedent’s estate. Petitioner applied for and received no-fault benefits from the United States Fidelity and Guaranty Company (USF&G), the insurer of Bowen’s tow truck on the date of the accident. Petitioner filed a complaint which alleged that…