MATTER OF COUNTRY-WIDE INS. CO.


97 A.D.2d 699 (1983)

In the Matter of the Arbitration between Country-Wide Insurance Company, Appellant, and Donald Law, Respondent

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

November 3, 1983


Respondent claims he was nudged off the road into a guardrail by a "hit and run" driver one morning at 3 A.M., and his accident report, prepared four days later, so states. Petitioner provides the police accident report which only informs that respondent was "cut off * * * then lost control of vehicle and struck guard rail". Since the insurance policy requires "physical contact" before "hit and run" coverage is available, petitioner has met its initial burden of tendering...

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