The issue determinative of this appeal is the meaning of the word "occupant" as that word is used in the context of subdivision 1 of section 672 of the Insurance Law. On April 19, 1979, respondent was on the shoulder of Route 31 in the Town of Lenox, Madison County, in possession of a motorcycle when he was struck and injured by an automobile owned and operated by petitioner's insured. At the moment of impact the posture of respondent as found by the master arbitrator "was...
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