Perkins v. Merchants Mutual Insurance

The question presented on this appeal is whether plaintiff, a motorcyclsit who was injured in a collision with an automobile, is entitled to the out-of-pocket medical and hospital expenses and lost earnings recoverable as "first party benefits” under a "no-fault” policy of insurance issued by the defendant to enable the automobile owner to comply with the provisions of article XVIII of the Insurance Law.

Defendant having rejected his claim, plaintiff instituted this action and each party thereafter moved for summary judgment. Special Term granted plaintiffs motion, denied that of the…