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LODOVICHETTI v. BAEZ

31 A.D.3d 718 (2006)

818 N.Y.S.2d 470

THERESE LODOVICHETTI et al., Plaintiffs, v. RAUL BAEZ, Appellant, and WHEELS, INC., et al., Respondents.

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

July 25, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

Pursuant to the antisubrogation rule, "[a]n insurer... has no right of subrogation against its own insured for a claim arising from the very risk for which the insured was covered" (North Star Reins. Corp. v Continental Ins. Co., 82 N.Y.2d 281, 294 [1993]). "The rule against allowing subrogation claims against an insured is based, in part, on the potential...

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