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MATTER OF LIBERTY MUTUAL INSURANCE COMPANY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

265 A.D.2d 412 (1999)

696 N.Y.S.2d 505

In the Matter of LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

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

Decided October 12, 1999.

Ordered that the order is affirmed, with costs.

On November 26, 1989, the insureds of the appellant insurance carrier State Farm Mutual Automobile Insurance Company (hereinafter State Farm) were involved in an automobile accident. By summons and complaint dated October 26, 1992, State Farm sought to recover from the owner of the other vehicle $15,433.46 "additional injury protection benefits" it had paid to its insureds. Thereafter, on April 30, 1998, State Farm served...

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