RICHTER v. NATIONWIDE MUT. INS. CO.


110 A.D.2d 1004 (1985)

Hubert A. Richter, Individually and as Conservator for the Property of Anthony Bamond, Iii, Respondent, v. Nationwide Mutual Insurance Company, Appellant

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

April 25, 1985


Mikoll, J.

Plaintiff instituted this action individually and as conservator of the injured insured, Anthony Bamond, III, to recover (1) an alleged statutory surcharge of 2% per month on all overdue first-party no-fault payments owing from defendant; (2) an unspecified sum for the unjust enrichment defendant gained from retention of interest on the sum of $100,000; and (3) counsel fees incurred in securing payment of the statutory surcharge. Defendant...

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