DANIEL v. ALLSTATE LIFE INS. CO.


71 A.D.2d 872 (1979)

Charles Daniel, Jr., Respondent, v. Allstate Life Insurance Company, Appellant

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

August 13, 1979


Judgment reversed, on the law and the facts, without costs or disbursements, and complaint dismissed.

In this case the plaintiff had a policy of life and accident insurance with the defendant, Allstate Life Insurance Company, which provided, inter alia, that if the insured sustained an "injury" while occupying a private passenger automobile, Allstate would pay certain benefits based upon a schedule of insurance. The schedule required Allstate to pay the $20...

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