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MATTER OF NATIONWIDE MUTUAL INSURANCE COMPANY v. BENJAMIN

15 A.D.3d 663 (2005)

789 N.Y.S.2d 913

In the Matter of NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent v. NEIL L. BENJAMIN et al., Respondents, and ALLSTATE INSURANCE COMPANY, Appellant.

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

February 28, 2005.

Ordered that the order is reversed, on the law and the facts, with costs payable by the respondent Nationwide Mutual Insurance Company, and the petition is dismissed as academic.

By letter dated October 4, 2004, Nationwide Mutual Insurance Company (hereinafter Nationwide) notified this Court that "Nationwide has conceded [uninsured motorist] coverage in the above action/appeal [and] has settled the within matter with [its insured] in the amount of $11,500." In light...

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