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RABIDEAU v. AETNA CAS. & SUR. CO.

54 A.D.2d 1055 (1976)

Patricia Rabideau, Appellant, v. Aetna Casualty and Surety Company, Respondent

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

November 24, 1976

The First Department has held in Matter of Adams (Government Employees Ins. Co.) (52 A.D.2d 118) that the insurer is not entitled to the offset here afforded it. We concur with this position and the rationale of the Adams decision. Plaintiff is entitled to an award under the uninsured motorists clause for pain and suffering, and any other items of loss not compensated for by no-fault coverage, "the award not to exceed in...

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