MATTER OF ARBITRATION BETWEEN 20TH CENTURY INS. CO. AND LUMBERMEN'S MUT. CAS. CO.


80 A.D.2d 288 (1981)

In the Matter of the Arbitration between 20th Century Insurance Company, Appellant, and Lumbermen's Mutual Casualty Co., Respondent

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

May 15, 1981


Attorney(s) appearing for the Case

Cox, Barrell, Walsh, Roberts & Grace (Dale Ehman of counsel), for appellant.

Canale, Madden & Burke, P. C. (John Canale of counsel), for respondent.

DILLON, P. J., CARDAMONE, SIMONS and DENMAN, JJ., concur.


SCHNEPP, J.

A person was using his motor vehicle within the meaning of section 672 (subd 1, par [a]) of the Insurance Law and is entitled to first-party benefits from the insurer of his vehicle when he was struck by another motor vehicle while standing behind and unloading the trunk of his vehicle. Furthermore, his insurer is not entitled to reimbursement or contribution from the insurer of the vehicle at fault in causing the injuries.

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