Rabideau v. Aetna Casualty & Surety Co.

Appeal from an order of the Supreme Court at Special Term, entered February 24, 1976 in Franklin County, which granted summary judgment in favor of defendant on the ground that respondent was entitled to refuse to pay plaintiff any uninsured motorist benefits unless they were first offset by any first party benefits (no-fault insurance) previously received by her. The First Department has held in Matter of Adams (Government Employees Ins. Co.) (52 AD2d 118) that the insurer is not entitled to the offset here afforded it. We concur with this position and the rationale of the Adams decision.…