MILLER v. LIBERTY MUT. INS.


48 Misc.2d 102 (1965)

William S. Miller, Plaintiff, v. Liberty Mutual Fire Insurance Company, Defendant.

Supreme Court, Special Term, Kings County.

November 16, 1965


Attorney(s) appearing for the Case

Harry Dubin for plaintiff. Fogarty & Schreiber (Sol Schreiber of counsel), for defendant.


MEIER STEINBRINK, Spec. Ref.

Plaintiff brings this declaratory judgment action to declare invalid the "subrogation" portion of his automobile insurance policy as it applies to medical payments and to declare invalid two trust receipts exacted of him by defendant, his insurance carrier, as a condition to payment of his claim for medical expenses. There is no substantial dispute as to the facts.

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