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MATTER OF ALLSTATE INS. CO. v. LIBOW

65 N.Y.2d 807 (1985)

In the Matter of Allstate Insurance Company, Respondent, v. Pearl Libow, Appellant.

Court of Appeals of the State of New York.

Decided June 28, 1985.

Attorney(s) appearing for the Case

James Cohen and Daniel Cohen for appellant.

J. Irwin Shapiro and Daniel Kolko for respondent.

Concur: Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE, ALEXANDER, TITONE and BOOMER. Taking no part: Judge MEYER.

Order affirmed, with costs, for the reasons stated in the opinion by former Justice Seymour Boyers at the Appellate Division (106 A.D.2d 110). We note, however, that the regulations of the Superintendent of Insurance (11 NYCRR 60.1 [a]) construe Vehicle and Traffic Law § 311 (4) (a) which contains language equivalent to the former Insurance Law § 167 (2-a) (now codified at § 3420 [f] [1])...

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