CHIESI v. LUMBERMENS MUT. CAS. CO. OF KEMPER INS. COS.


97 A.D.2d 884 (1983)

Jean A. Chiesi, Respondent, v. Lumbermens Mutual Casualty Company of Kemper Insurance Companies, Appellant

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

November 17, 1983


After defendant denied plaintiff's application for no-fault benefits pursuant to a clause in the insurance policy which excluded coverage for injuries sustained "as a result of operating a motor vehicle while in an intoxicated condition", plaintiff commenced the instant action and prevailed following a jury trial. Defendant now contends that the trial court erred in its charge to the jury on the issue of causation and that the jury...

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