BURKE v. LIBERTY MUT. INS. CO.


201 A.D.2d 773 (1994)

607 N.Y.S.2d 483

John E. Burke, Respondent, v. Liberty Mutual Insurance Company, Appellant

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

February 3, 1994


Mercure, J.

On August 4, 1985, while operating a vehicle rented from Payless Car Rental Corporation and insured by defendant, plaintiff suffered personal injuries in a collision with another vehicle. In August 1986, plaintiff settled his claim against the driver of the other vehicle for $10,000 and executed a general release in his favor. On July 7, 1987, plaintiff advised defendant of the third-party settlement and requested that defendant provide him...

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