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Nationwide Insurance Company v. Morigerato

Appellate Division of the Supreme Court of New York, Third Department
May 25, 1995
215 A.D.2d 994 (N.Y. App. Div. 1995)

Opinion

May 25, 1995

Appeal from the Supreme Court, Albany County (Spain, J.).


This appeal arises from Supreme Court's summary dismissal of this action wherein plaintiff, pursuant to Insurance Law § 5104 (b), seeks to enforce a lien against defendants as a consequence of having paid them $102,000 in first-party nofault benefits.

We affirm. Although the accident in which defendants were injured occurred in Virginia, and the other vehicle involved was registered in North Carolina and was operated by a resident of that State, we hold that said operator is a "covered person" within the meaning of Insurance Law § 5102 (j) since he was covered by an automobile insurance policy issued by an authorized insurer that provided liability coverage in excess of that required by Vehicle and Traffic Law § 311 (4) (former [a]) (see, Fireman's Ins. Co. v Le Compte, 194 A.D.2d 918). Accordingly, as it is undisputed that defendants are also "covered persons", Insurance Law § 5104 (b) has no application to this matter.

Cardona, P.J., Mercure and Casey, JJ., concur. Ordered that the order is affirmed, with costs.


Summaries of

Nationwide Insurance Company v. Morigerato

Appellate Division of the Supreme Court of New York, Third Department
May 25, 1995
215 A.D.2d 994 (N.Y. App. Div. 1995)
Case details for

Nationwide Insurance Company v. Morigerato

Case Details

Full title:NATIONWIDE INSURANCE COMPANY, Appellant, v. ANTHONY MORIGERATO et al.…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 25, 1995

Citations

215 A.D.2d 994 (N.Y. App. Div. 1995)
627 N.Y.S.2d 123

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