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MATTER OF ALLSTATE INSURANCE COMPANY v. LIBOW

Court of Appeals of the State of New York.
Jun 28, 1985

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.