Chess v. Colonial Penn Insurance

*766OPINION OF THE COURT

Leo F. Hayes, J.

Plaintiff in this action was injured in an automobile accident which occurred in the Town of Lafayette, New York, on April 26, 1976. At the time of the accident he was operating a vehicle insured by defendant insurance company. On May 23, 1976, he applied for his P.I.P. benefits under the terms of said policy and was subsequently informed that the company was denying payment of said claim under the terms of section 672 (subd 2, par [b]) of the Insurance Law which excludes from coverage persons injured as a result of operating a motor vehicle while in an…