Travelers Indem Co. v. State
| Decision Date | 21 January 1971 |
| Citation | 28 N.Y.2d 561,319 N.Y.S.2d 609 |
| Parties | , 268 N.E.2d 323 TRAVELERS INDEMNITH CO., Respondent, v. STATE OF New York, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 33 A.D.2d 127, 305 N.Y.S.2d 689.
Insurer brought action against the State to recover that part of contribution to the Motor Vehicle Liability Security Fund attributable to premiums for uninusured motorist insurance.
The Court of Claims, James H. Glavin, Jr., J., 57 Misc.2d 565, 293 N.Y.S.2d 181, entered judgment for the insurer, and the State appealed.
The Appellate Division, Reynolds, J., affirmed and held that uninsured motorist premiums are not paid to insurer against policy holder's legal liability and are not within statutory basis for computing payments into Motor Vehicle Liability Security Fund.
The State of New York appealed to the Court of Appeals.
Order affirmed, with costs.
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