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MACKIE v. METRO. INS CO

152 Misc.2d 384 (1991)

In the Matter of Richard Mackie, Individually and as Administrator of The Estate of Laura Mackie, Deceased, Petitioner, v. Metropolitan Insurance Company, Respondent. In the Matter of Metropolitan Property and Casualty Insurance Company, Petitioner, v. Richard Mackie, Individually and as Administrator of The Estate of Laura Mackie, Deceased, et al., Respondents.

Supreme Court, Richmond County.

November 8, 1991

Attorney(s) appearing for the Case

Bosco, Bisignano & Mascolo (John Bosco of counsel), for Richard Mackie. Smith & Laquercia, P. C. (Michael A. DeMicco of counsel), for Metropolitan Insurance Company.

EDWARD J. AMANN, JR., J.

The sole issue raised by the parties is whether or not the "stacking" of insurance policies is permitted in the present circumstances. The respondent contends that the tender of payment by the Royal Insurance Company bars further payment under its policy.

In the present case, the petitioner's decedent was killed in a vehicular accident which occurred in January of 1991. Ms...

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