MATTER OF FOREMOST INS. CO. v. BEITER

2018-05999, Index No. 602874/18.

175 A.D.3d 1292 (2019)

105 N.Y.S.3d 909

2019 NY Slip Op 06492

In the Matter of Foremost Insurance Co., Respondent, v. Susan Beiter et al., Respondents, and Country-Wide Insurance Company, Appellant.

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

Decided September 11, 2019.


Attorney(s) appearing for the Case

Jaffe & Koumourdas, LLP, New York, NY (Jean H. Kang of counsel), for respondent-appellant.

Buratti Rothenberg & Burns, East Meadow, NY (Mitchell E. Pak of counsel), for petitioner-respondent.

Balkin, J.P., Chambers, Leventhal and LaSalle, JJ. concur.


Ordered that the order is reversed, on the law, with costs payable by the petitioner to the appellant, the petition is denied, and the proceeding is dismissed.

The petitioner's insured, the respondent Susan Beiter, was involved in a motor vehicle collision with the respondent Felix Diaz, who, at the time of the collision, was insured by the respondent Country-Wide Insurance Company (hereinafter Country-Wide). Beiter thereafter commenced a personal injury action against...

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