Action against the insurer of the owner of the motor vehicle involved in an accident, pursuant to paragraph (b) of subdivision 1 of section 167 of the Insurance Law, to recover the limit of coverage under the policy ($5,000) and costs. This action was predicated upon an unpaid judgment for $13,935.85, obtained by appellant against said insured. The insured had had a prior accident during the term of said policy which contained a provision making it subject to applicable financial...
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