MATTER OF ALLSTATE INS. CO. v. WATTS


45 A.D.2d 1005 (1974)

In the Matter of Allstate Insurance Company, Appellant, v. Catherine Watts, as Administratrix of The Estate of Gerard Watts, Sr., Deceased, Respondent

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

July 29, 1974


Order reversed, on the law, without costs, and petition granted.

Under the circumstances of this case, a preliminary trial should be held to resolve the issue of whether there was "contact" between the insured's vehicle and an alleged "hit and run" vehicle (see Matter of Allstate Ins. Co. [Morales], 42 A.D.2d 951

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