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MATHIEU v. COMMERCIAL MUTUAL INSURANCE COMPANY

275 A.D.2d 613 (2000)

713 N.Y.S.2d 471

CATHERINE MATHIEU, Appellant, v. COMMERCIAL MUTUAL INSURANCE COMPANY et al., Respondents.

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

Decided September 14, 2000.

Plaintiff's challenge to the constitutionality of the marital exclusion set forth in Insurance Law § 3420 (g) is without merit (see, Yankelevitz v Royal Globe Ins. Co., 59 N.Y.2d 928). Nor, given the plain import of Insurance Law § 3420 (g), do we perceive any basis for plaintiff's claim that it was the Legislature's intention that coverage be provided for interspousal liability. Additionally, any claim against the original...

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