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GARCIA v. FED. INS. CO.

61 A.D.2d 236 (1978)

In the Matter of Marcelino Garcia, Respondent, v. Federal Insurance Company, Appellant

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

January 30, 1978

Attorney(s) appearing for the Case

William R. Brick Jr., for appellant.

Portnoy & Rubin (Melvin Rubin of counsel), for respondent.

HOPKINS, J. P., RABIN and MARGETT, JJ., concur.

LATHAM, J.

THE FACTS

On July 3, 1976, the claimant, respondent Marcelino Garcia, was involved in a one-car accident when the car he was operating went over a curb, crossed a lawn and ran into the side of a house. The car was insured by appellant, Federal Insurance Company. Garcia filed a claim and Federal began to make no-fault payments.

While making the payments, Federal conducted an investigation...

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