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UTICA MUT. INS. CO. v. TUCKER

132 Misc.2d 920 (1986)

In the Matter of Utica Mutual Insurance Company, Petitioner, v. Michelle L. Tucker, Respondent.

Supreme Court, Onondaga County.

August 6, 1986

Attorney(s) appearing for the Case

Bond, Schoeneck & King (Donald D. DiBenedetto of counsel), for petitioner. Davoli, McMahon & Kublick, P. C. (Andrew Plasse of counsel), for respondent.

ANTHONY F. SHAHEEN, J.

Respondent Michelle Tucker sustained injuries while riding as a passenger in a vehicle insured by the petitioner insurance carrier, when the vehicle went under an overpass and a rimless tire smashed through the windshield. The petitioner carrier denied Ms. Tucker coverage under the uninsured motorists provision of the vehicle's policy on the grounds that there was no uninsured vehicle...

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