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FIDUCIARY v. AMERICAN BANKERS

2013-10862.

132 A.D.3d 40 (2015)

14 N.Y.S.3d 427

2015 NY Slip Op 06343

In the Matter of FIDUCIARY INSURANCE COMPANY, Appellant, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Respondent.

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

Decided July 29, 2015.

Attorney(s) appearing for the Case

D'Amato & Lynch, LLP, New York City ( Robert D. Lang , David A. Boyar , and Roy T. Caplinger of counsel), for appellant.

Kral Clerkin Redmond Ryan Perry & Van Etten, LLP, Melville ( Leonard Porcelli of counsel), for respondent.

SKELOS, J.P., DICKERSON and MILLER, JJ., concur.

OPINION OF THE COURT

In the fall of 2006, a taxi insured by the petitioner was involved in a collision with a horse. The rider of the horse was seriously injured, and the petitioner paid him nearly $60,000 in no-fault benefits. The petitioner then sought reimbursement of the no-fault benefits that it had paid to the rider...

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