Summary
relying upon the dissent to the appellate division's opinion
Summary of this case from Kujbida v. Horizon Insurance Agency, Inc.Opinion
Argued October 7, 1986
Decided November 11, 1986
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alfred J. Callahan, J.
Carl Radin for appellant.
Michael F. Close for respondent.
Order reversed, with costs, plaintiff's motion for summary judgment granted and case remitted to Supreme Court, Bronx County, for further proceedings, for the reasons stated in the dissenting memorandum of Presiding Justice Francis T. Murphy at the Appellate Division ( 116 A.D.2d 534, 535-538). We add only that clause 17 of the policy is applicable notwithstanding the fact that the claim against the insurance company is for first-party benefits required by Insurance Law article 51. Under Insurance Law § 5103, no-fault insurance is mandated as a part of every owner's liability insurance policy and, hence, is included in part I of the policy here to which clause 17 applies.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.