GERDES v. TRAVELERS INS CO


109 Misc.2d 816 (1981)

Denise Gerdes et al., Plaintiffs, v. Travelers Insurance Company, Defendant.

Supreme Court, Special Term, Suffolk County.

June 19, 1981


Attorney(s) appearing for the Case

Borda, Wallace & Witty for Denise Gerdes and another, plaintiffs. Siben & Siben for Linda Mandel and another, plaintiffs. O'Hagen, Reilly & Gorman for Virginia Scott and another.


ELI WAGER, J.

When more than one person is injured in an automobile accident and there are limited insurance funds available, should the claimants be paid on the basis of "first in time, first in right" or should a pro rata distribution of the funds be made? This is the issue raised in this application brought by one such injured person. The facts follow.

On April 23, 1980 Denise Gerdes (the movant), Virginia Scott and Claudia Carpenter, passengers...

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