Perkins v. Merchants Mutual Insurance

Plaintiff motorcyclist was injured in a collision with a motor vehicle at Delavan, New York on August 10, 1974. The vehicle was owned and operated by one William Leach and insured in accordance with article XVIII of the Insurance Law (Insurance Law, § 671 et seq.) by the defendant, Merchants Mutual Insurance Company. Plaintiff’s claims for "no-fault” first-party benefits in the amount of $1,960.66 representing out-of-pocket medical and hospital expenses and lost earnings was denied by the defendant carrier thus giving rise to this action wherein both parties have now moved for summary…