MATTER OF SMITH


80 A.D.2d 702 (1981)

In the Matter of the Arbitration between Daryl B. Smith, Respondent, and Firemen's Insurance Company, Appellant

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

February 19, 1981


In the early morning hours of September 21, 1978, following a quarrel between petitioner and his then wife, which occurred while the two were driving home at 30 miles per hour, petitioner abruptly exited from the passenger side of the moving car and sustained a serious head injury. Firemen's Insurance Company denied his subsequent claim for first-party benefits under the no-fault automobile insurance policy previously issued to him on grounds that petitioner had caused his...

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