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Allstate Insurance v. Libow

65 N.Y. 807 Court N.Y. Decision date 1985-06-28 English

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p. 807
In the Matter of Allstate Insurance Company, Respondent, v Pearl Libow, Appellant.
Argued May 30, 1985;
decided June 28, 1985
p. 809
APPEARANCES OF COUNSEL
James Cohen and Daniel Cohen for appellant.
J. Irwin Shapiro and Daniel Kolko for respondent.

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the opinion by former Justice Seymour Boyers at the Appellate Division ( 106 AD2d 110 ). We note, however, that the regulations of the Superintendent of Insurance (11 NYCRR 60.1 [a]) construe Vehicle and Traffic Law § 311 (4) (a) which contains language equivalent to the former Insurance Law § 167 (2-a) (now codified at § 3420 [f] [1]) at issue here.

Concur: Chief Judge Wachtler and Judges Jasen, Simons, Kaye, Alexander, Titone and Boomer.[1] Taking no part: Judge Meyer.

* Designated pursuant to NY Constitution, article VI, § 2.

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