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SMITH v. NATIONWIDE INS. CO.

211 A.D.2d 177 (1995)

David Smith et al., Respondents-Appellants, v. Nationwide Mutual Insurance Company, Appellant-Respondent

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

April 28, 1995

Attorney(s) appearing for the Case

Bouvier, O'Connor, Buffalo (Chris G. Trapp of counsel), for appellant.

Harrison & Gruber, Buffalo (John Prescott, Jr., of counsel), for respondents.

GREEN, J. P., PINE, CALLAHAN and DOERR, JJ., concur.

BOEHM, J.

Plaintiffs, David and Regina Smith, New York residents, were the owners of a 1973 Cadillac, which was registered and principally garaged in New York. Plaintiffs had a policy of automobile insurance issued by defendant, Nationwide Mutual Insurance Company. The policy's endorsements provided uninsured motorist coverage up to $10,000 and economic loss protection up to $50,000.

On August 15, 1982...

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