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DON v. MGM TRANSPORT CORP.

279 A.D.2d 446 (2001)

718 N.Y.S.2d 867

FRANK DON, Appellant, v. MGM TRANSPORT CORP. et al., Defendants, and GEICO GENERAL INSURANCE COMPANY, Respondent.

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

Decided January 8, 2001.

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

Pursuant to a provision in the insurance policy issued by the respondent GEICO General Insurance Company (hereinafter GEICO) to the plaintiff, the plaintiff could recover uninsured motorist benefits for bodily injury resulting from "the actions of an unidentified motorist." The plaintiff claims that the accident occurred when he swerved to avoid a tree in the...

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