Perkins v. Merchants Mutual Insurance

— Order and judgment unanimously affirmed, with costs. Memorandum: The facts are not in dispute. Plaintiff was operating his motorcycle when it collided with an automobile driven by one William Leach. At the time of the accident the Leach automobile was covered by "no-fault” automobile liability insurance issued by defendant. After attempts by plaintiff-respondent to secure reimbursement from defendant-appellant insurance carrier under "no-fault” insurance were rejected, plaintiff instituted this action. Upon receipt of defendant’s answer denying liability plaintiff moved to strike the answer…