COHEN v. LIBERTY MUT. INS. CO.


35 A.D.2d 719 (1970)

Madeline Cohen, an Infant, by Her Mother and Natural Guardian, Dottie Cohen, et al., Appellants-Respondents, v. Liberty Mutual Insurance Company et al., Respondents, and Cosmopolitan Mutual Insurance Company, Appellant-Respondent. Motor Vehicle Accident Indemnification Corporation, Intervenor-Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 5, 1970


As so modified, judgment affirmed, without costs.

An "other insurance" clause in the policy issued by Cosmopolitan states in pertinent part: "With respect to bodily injury to an insured while occupying an automobile not owned by the named insured [plaintiff Dottie Cohen] the insurance under Part IV [uninsured motorist coverage] shall apply only as excess insurance over any other similar insurance available to such insured...

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