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Article 51 of the Insurance Law provides that a plaintiff in a personal injury. N.Y. Ins. § 5102 (2002) (Death, Dismemberment, or Serious Disfigurement).
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For purposes of Insurance Law section 5102(d), a serious injury is defined. N.Y. INS. LAW § 5102(b)(2). The compensation insurer in this scenario is said to become “primary. New York Insurance Law §5102 (aka, the New York No-Fault Law).
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New York State Og Laws Do Not Apply to Motorcycle Riders or Passengers. New York No Fault Serious Injury « Snyder Law Firm, PLLC Accident case.