Becker v. Merchants Mutual Insurance

OPINION OF THE COURT

Thomas P. Flaherty, J.

In this contract action seeking payment of first-party no-*135fault benefits the defendant insurer moves for a trial preference in the interests of justice (CPLR 3403 [a] [3]) and an order directing that interest on any potential award accrue as of the commencement of this action and be limited to a period of 90 days thereafter.

Asserting the plaintiff was intoxicated at the time of this March 13, 1980 accident, defendant denied plaintiffs claim for first-party benefits (Insurance Law § 5103 [b] [2]). Plaintiff was charged with driving while intoxicated in…