Tucker v. Motor Club of America

SMITH, HARVEY, J.S.C.

In this suit plaintiff George Tucker seeks payment of medical expenses incurred as a result of injuries he received in an automobile accident on November 27,1977. Defendant Allstate Insurance Company filed a third-party complaint against Motor Club of America alleging M.C.A. is obligated to contribute toward P.I.P. payments. Both carriers move for summary judgment.

The undisputed facts are as follows:

In 1977 George Tucker sought insurance under the Assigned Risk Plan (Plan). The producer of record, Joseph C. Hishon (Producer), forwarded a completed application and a check…