Allstate Insurance v. Denbleyker

OPINION OF THE COURT

Pigott, Jr., P. J.

At issue on this appeal is whether an insured is entitled to a *205reduction in the amount of the no-fault insurer’s lien for additional personal injury protection (APIP) benefits paid by the no-fault insurer to contribute to the attorneys’ fees of the insured in the underlying personal injury action. Plaintiff, Allstate Insurance Company (Allstate), contends that Supreme Court erred in denying its cross motion to enforce its lien for APIP benefits paid by Allstate on behalf of Debra A. Denbleyker (defendant), its insured, and in granting the motion of the…