American Consumer Insurance v. Williams

O’Connor, J.,

dissents and votes to grant reargument, recall and vacate this court’s prior decision and order, and reverse the judgment, with the following memorandum: In the matter at bar the original arbitration award made December 28, 1979 denied a claim for no-fault benefits under the Comprehensive Automobile Insurance Reparations Act (Insurance Law, art 18) for severe personal injuries sustained by the claimant while a passenger in a motor vehicle which collided with a tree on May 14, 1978. A provision in the insurance policy covering the vehicle excluded any claim by an injured occupant…