MATTER OF EVEREADY INS. CO. v. MAZZA


208 A.D.2d 725 (1994)

618 N.Y.S.2d 550

In the Matter of Eveready Insurance Company, Appellant, v. Brenda Mazza, Respondent, et al., Respondents

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

October 17, 1994


Ordered that the order and judgment is affirmed, with costs to the respondent-respondent.

The Supreme Court held that the respondent Brenda Mazza's insurance policy contained inconsistent provisions as to the circumstances under which a policy holder is required to file a statement under oath in order to acquire certain postaccident benefits. We agree. In accordance with well established law, we construe the inconsistency against the carrier (see, Reisman...

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