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STATE FARM INS CO v. BROOKS

78 A.D.2d 456 (1981)

State Farm Mutual Automobile Insurance Companies, Appellant, v. James Brooks, Respondent

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

January 23, 1981

Attorney(s) appearing for the Case

Bayer & Smith (Gary H. Abelson of counsel), for appellant.

Snyder & Snyder (Sherwood M. Snyder of counsel), for respondent.

HANCOCK, JR., SCHNEPP and DOERR, JJ., concur with CARDAMONE, J. P.; SIMONS, J., concurs in result only in a separate opinion.

CARDAMONE, J.

The only issue on this appeal is whether a no-fault insurer can reduce first-party benefits when a claimant's employment is terminated for reasons other than the claimant's disability. Such reduction is authorized in the regulations (11 NYCRR 65.6 [n] [2] [vi]) promulgated by the Superintendent of Insurance under article 18 of the Insurance Law. In deciding a motion for summary judgment in favor...

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