Country-Wide Insurance v. Casale

OPINION OF THE COURT

Richard S. Lane, J.

Defendant moves to dismiss for failure to state a cause of action. Opposition premised on the oft-called landmark decision in Nationwide Mut. Ins. Co. v Country-Wide Ins. Co. (77 AD2d 304, mot to dismiss app granted 52 NY2d 1071) tests the very fabric of the Comprehensive Automobile Insurance Reparations Act (Insurance Law, art 18; popularly known as the No-Fault Law).

Plaintiff’s insured was injured when her car was struck in the rear by defendant’s car. Plaintiff paid her first-party benefits and in this action seeks to recover the amount thereof.…