Gibeault v. Home Insurance

Appeal from an order of the Supreme Court (Keniry, J.), entered July 16, 1999 in Saratoga County, which granted defendants’ motion for summary judgment dismissing the complaint.

Plaintiff Robert E. Gibeault (hereinafter Gibeault) was involved in two automobile accidents in 1983. In 1984, Gibeault applied to defendant Home Insurance Company for first-party (no-fault) benefits for injuries related to the first 1983 accident. Following denial of his application, Gibeault requested arbitration of his claim and was awarded $15,626 for lost earnings resulting from both motor vehicle accidents.…