PROPER v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY


63 A.D.3d 1486 (2009)

882 N.Y.S.2d 340

MARY PROPER et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Sued Herein as STATE FARM INSURANCE COMPANIES, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 25, 2009.


KANE, J.

After plaintiff Mary Proper (hereinafter plaintiff) was involved in a motor vehicle accident, she applied for no-fault insurance benefits from defendant. Defendant paid for plaintiff's medical treatment and lost wages. Plaintiff's medical insurers, Medicare and Blue Cross and Blue Shield (hereinafter BCBS), also allegedly paid for some of her medical treatment. Plaintiffs commenced this action alleging that defendant breached its contract by failing to fully...

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