RAYMOND v. ALLSTATE INS.


94 A.D.2d 301 (1983)

Benedict Raymond et al., Appellants, v. Allstate Insurance Company, Respondent

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

June 28, 1983


Attorney(s) appearing for the Case

Anthony G. Gross of counsel (Ozer & Gross, attorneys), for appellants.

Ralph A. Cascella for respondent.

CARRO and LYNCH, JJ., concur with KASSAL, J.; ROSS, J. P., and FEIN, J., dissent in an opinion by ROSS, J. P.


KASSAL, J.

Plaintiffs' action against defendant no-fault insurer to recover first-party insurance benefits was summarily dismissed on a finding that plaintiffs had failed to comply with conditions contained in the policy, requiring the execution and filing of a written proof of claim, the submission by the insured to a physical examination and examination under oath and the furnishing to the insurer of an authorization to obtain medical records. On review...

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