Chiesi v. Lumbermens Mutual Casualty Co.

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered January 24, 1983 in Broome County, upon a verdict rendered at Trial Term (Fischer, J.). After defendant denied plaintiff’s application for no-fault benefits pursuant to a clause in the insurance policy which excluded coverage for injuries sustained “as a result of operating a motor vehicle while in an intoxicated condition”, plaintiff commenced the instant action and prevailed following a jury trial. Defendant now contends that the trial court erred in its charge to the jury on the issue of *885causation and that the…