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STATE-WIDE INS. v. BUFFALO INS.

105 A.D.2d 315 (1984)

State-Wide Insurance Company, Appellant-Respondent, v. Buffalo Insurance Company, Also Known as Buffalo Reinsurance Company, Respondent-Appellant, and Third-Party Plaintiff. Broadway Bank and Trust Company, Third-Party Defendant-Respondent

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

December 31, 1984

Attorney(s) appearing for the Case

Bertram Herman for appellant-respondent.

Landau, Berkowitz & Nostrand (Jerome H. Berkowitz of counsel), for respondent-appellant.

BOYERS, LAWRENCE and EIBER, JJ., concur.

RUBIN, J. P.

This appeal addresses the remedies which an insurance carrier may pursue to recover from a tort-feasor's insurer the amount of first-party benefits and uninsured motorist benefits it paid to a passenger in its insured's motor vehicle, where the tort-feasor's insurer had disclaimed coverage.

On August 3, 1975, Bienvenida Gonzalez was injured during a three-car accident, which occurred at...

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