MICHA v. MERCHS. MUT. INS. CO.


94 A.D.2d 835 (1983)

Michael Micha, Respondent, v. Merchants Mutual Insurance Company, Appellant

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

May 5, 1983


The dispositive issue on this appeal concerns the accrual date for an insured's cause of action against his motor vehicle liability insurer based upon the insurer's refusal to pay first-party benefits under the "no-fault" provisions of its insurance policy. We reject defendant's contention that the accrual date for the cause of action is the date of the accident and hold that it accrues when the payment of benefits becomes overdue. Special Term's order denying defendant's...

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