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MANCUSO v. BELLERIVE

54 A.D.2d 689 (1976)

John Mancuso et al., Plaintiffs, v. Theodore J. Bellerive et al., Defendants. Miscoe Spring Beverage Co., Inc., Defendant and Third-Party Plaintiff Respondent-Appellant; American Motorists Insurance Company, Third-Party Defendant Appellant-Respondent

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

October 5, 1976

Judgment affirmed, without costs or disbursements.

The exclusionary provision, which is applicable only to accidents occurring outside of the State of Massachusetts, is invalid (see Vehicle and Traffic Law, § 388). We also concur with the findings by Trial Term that the third-party plaintiff was not informed of the monetary limitations on the renewed policy, and that such knowledge may not be imputed to it upon any theory...

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