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AETNA LIFE & CAS CO v. NELSON

67 N.Y.2d 169 (1986)

Aetna Life and Casualty Company, Respondent, v. Kenneth R. Nelson, Individually and as Guardian ad Litem of Gloria A. Nelson and as Natural Guardian of Sheryl Nelson, Appellants.

Court of Appeals of the State of New York.

Decided April 3, 1986.

Attorney(s) appearing for the Case

John J. Nicit for appellants.

Robert J. Clune for respondent.

Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

Chief Judge WACHTLER.

The defendants, injured in a one-car accident on a State highway, have been compensated twice for the same medical expenses and lost earnings; first by their own insurance company under the No-Fault Law (Insurance Law art 18 [now art 51]) and subsequently by the State in settlement of a suit brought in the Court of Claims. In the case now before us, the insurance company seeks to recoup...

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