Matter of Allstate Insurance Company v. Libow

Full title: In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. PEARL LIBOW…

Court: Court of Appeals of the State of New York

Date published: Jun 28, 1985

65 N.Y.2d 807 (N.Y. 1985)

493 N.Y.S.2d 127

482 N.E.2d 923

Opinion

Argued May 30, 1985

Decided June 28, 1985

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Charles R. Rubin, J.

James Cohen and Daniel Cohen for appellant.

J. Irwin Shapiro and Daniel Kolko for respondent.

Order affirmed, with costs, for the reasons stated in the opinion by former Justice Seymour Boyers at the Appellate Division ( 106 A.D.2d 110). We note, however, that the regulations of the Superintendent of Insurance (11 N.Y.CRR 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.^_ Taking no part: Judge MEYER.

_ Designated pursuant to N Y Constitution, article VI, § 2.