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PARAMOUNT INS. CO. v. MICCIO

188 A.D.2d 317 (1992)

Paramount Insurance Company, Appellant, v. Allan Miccio, Respondent and Third-Party Plaintiff-Respondent. State Wide Insurance Company, Third-Party Defendant-Respondent

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

December 3, 1992

The issue of liability in this action de novo pursuant to Insurance Law § 5106 (c) was resolved in prior litigation before the Second Department (Paramount Ins. Co. v Miccio, 169 A.D.2d 761, lv denied 78 N.Y.2d 851). The validity of 11 NYCRR 65.15 (k) (3) and its unmistakable imposition of primary liability upon the insurer first contacted by the claimant, here plaintiff, having...

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