Government Employees Insurace v. Home Mutual Insurance

Order unanimously reversed, with costs, and motion granted. Memorandum: Respondent insured an automobile which struck and injured 15-year-old William Hubler, a pedestrian at the time of the accident. After arbitration respondent paid first-party benefits to Hubler pursuant to the no-fault provisions of its insurance policy. It now seeks reimbursement pursuant to subdivision 1 of section 674 of the Insurance Law from petitioner Government Employees Insurance Company (GEICO) which insured an automobile owned by Hubler’s father, and its application asserts that right based upon a claim that…