JENNINGS v. NATIONWIDE MUT. INS. CO.


78 A.D.2d 568 (1980)

David Jennings, Appellant, v. Nationwide Mutual Insurance Company, Respondent

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

September 18, 1980


Plaintiff, a volunteer fireman, was responding to a fire call when he was involved in an automobile accident and sustained various injuries. After the trial the jury returned a verdict in favor of plaintiff. The court set the verdict aside and dismissed the complaint. The court concluded that plaintiff failed to produce any evidence which qualified him for benefits pursuant to the limitations of the insurance contract. A resolution of the controversy requires an examination...

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