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MTR. OF RITTENHOUSE v. MVAIC

48 A.D.2d 1 (1975)

In the Matter of Ethel Rittenhouse, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant In the Matter of the Arbitration between Robert Downey, Jr., an Infant, by His Guardian ad Litem, Peter B. Carr, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

April 17, 1975

Attorney(s) appearing for the Case

Schaus & Schaus (John Freyer of counsel), for appellant.

Francis X. Murphy for Ethel Rittenhouse, respondent.

James E. Adel (Cornelius Collins of counsel), for Robert Downey, Jr., respondent.

MARSH, P. J., SIMONS, GOLDMAN and DEL VECCHIO, JJ., concur.

CARDAMONE, J.

MVAIC appeals in this case contending that it should be permitted to deduct from the indemnification that it is required to pay to respondents the amount that the Travelers Insurance Company has already paid to its "insureds". We conclude that the amount which MVAIC must pay to respondents may not be reduced by the amount paid to "insureds" by their own insurance company.

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