BENSON v. BOSTON OLD COLONY INS. CO.


134 A.D.2d 214 (1987)

William Benson, Respondent, v. Boston Old Colony Insurance Company, Appellant

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

November 24, 1987


On December 6, 1975, plaintiff, while a pedestrian, was struck by an automobile insured by defendant carrier. Plaintiff applied for, and he received, no-fault benefits. Payment for the period from December 6, 1975 through April 6, 1976 was received in June 1976 and payment for the period April 6, 1976 through February 6, 1977 was received October 27, 1977. A third claim for benefits is still pending.

Plaintiff had received $800 monthly, which was deemed the maximum...

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