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Damadian MRI in Garden City PC v. Progressive Casualty Ins. Co.

Insurer is permitted to implead insurer of rental vehicle driven during accident.

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Judge Markey

DAMADIAN MRI IN GARDEN CITY, P.C. v. PROGRESSIVE CASUALTY INS. CO. — The issue litigated in this case for no fault benefits is whether the defendant insurer can successfully disclaim no fault benefits, in a Civil Courtaction, by arguing that the plaintiff’s assignee should seek recovery from the insurer of the rental car that its assignor was driving at the time of the injury. The case also addresses the novel question of whether, under the circumstances of the present case, joinder of the rental car company’s insurer is required so that the Court can examine both insurance policies in controversy and, in particular, any “other insurance” clauses that they may contain.

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