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MATTER OF SAUNDERSON v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

54 A.D.2d 936 (1976)

In the Matter of John Saunderson, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant. In the Matter of the Arbitration between Allcity Insurance Company, Respondent, and John Saunderson, Respondent

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

November 8, 1976

Order affirmed, with one bill of costs jointly to respondents appearing separately and filing separate briefs.

Petitioner Saunderson has the status of a "qualified person" under subdivision b of section 601 of the Insurance Law, and is not an "insured" since he was not occupying an insured vehicle at the time of the accident. Although he intended to re-enter the vehicle, driven by a friend, after he finished shopping, he severed his connection with the vehicle upon...

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