Legal Opinion

Liberty Mutual Insurance v. State

New York Court of Claims

Decided May 16, 1978No. Claim No. 60486PublishedCited by 2 opinions

1Opinion of the Court

*677OPINION OF THE COURT

Frank S. Rossetti, J.

The subject claim is for reimbursement of first-party benefits (see Insurance Law, § 671, subd 2 [eff until Nov. 30, 1977]) paid to an accident victim under "no-fault” insurance provisions (i.e., Comprehensive Automobile Insurance Reparations Act, Insurance Law, art 18, §§ 670-678). The party paid was Anne Crane, a passenger in a car driven by her husband which hit a utility pole alongside a State highway.

Defendant contends the claim should be dismissed for failure to state a cause of action on two grounds: (1) the claim fails to allege that any…

2Cases cited3 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. State Farm Mutual Automobile Insurance v. WestlakeNew York Court of Appeals · 1974
  3. Mandels v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by2 opinions

  1. Gregoria Rosa v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 1992
  2. Liberty Mutual Insurance v. United StatesDistrict Court, E.D. New York · 1980

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