MATTER OF AVILA v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


71 A.D.2d 582 (1979)

In the Matter of Rodrigo Avila, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

July 10, 1979


Petitioner was injured while a passenger in an automobile owned by Ortiz and driven by Cruz. Ortiz had no insurance, his insurer having canceled the policy nine months earlier. Cruz was insured by Allcity, but it disclaimed because the car "was actually given to the assured several weeks prior thereto by the actual owner who left for Puerto Rico", its policy providing that "coverage for non-owned vehicles furnished for the regular use of the assured is not covered". Petitioner...

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