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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46949 Judge Cote PLAINTIFF CORPORATION filed an action to recover insurance proceeds to which it alleged it is entitled under the terms of its policy with defendant Fire and Casualty Insurance Co. of Connecticut. Plaintiff is located near the former site of the World Trade Center and sought approximately $60,000 for property damage and lost business income suffered in the wake of the events of Sept. 11, 2001. Plaintiff relied exclusively on �408(b)(3) of the Air Transportation Safety and System Stabilization Act to assert that there was subject matter jurisdiction over the claim. The court dismissed the action for lack of subject matter jurisdiction, noting that plaintiff’s complaint sought recovery of benefits that it alleged it is owed under the commercial policy it entered with defendant, its primary insurer. The court added that this is an action to recover a collateral source obligation and is therefore outside the scope of jurisdiction embodied in �408(b)(3) of the Air Stabilization Act.

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