MATTER OF RICE v. ALLSTATE INS.


32 N.Y.2d 6 (1973)

In the Matter of Linda Rice, Respondent, v. Allstate Insurance Company, Appellant, and Federal Insurance Company et Ano., Respondents.

Court of Appeals of the State of New York.

Decided March 14, 1973.


Attorney(s) appearing for the Case

Charles F. Brady and Benjamin Purvin for appellant.

Edward Cherney and Sidney Gaines for MVAIC, respondent.

John C. Young for Federal Insurance Company, respondent.

Robert J. Giovannetti for Linda Rice, respondent.

Chief Judge FULD and Judges BURKE, JASEN, JONES and WACHTLER concur; Judge BREITEL taking no part.


GABRIELLI, J.

The essential inquiry in this controversy revolves around claimant's status at the time of an occurrence in which three automobiles were involved. The determination of the issue turns on whether claimant was a pedestrian, or a passenger of one of the vehicles.

The facts are simple and not in dispute. While walking between two autos, claimant was injured when an uninsured vehicle struck one...

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