Mandarino v. Travelers Prop. Cas. Ins. Co

In Mandarino v. Travelers Prop. Cas. Ins. Co. (37 AD3d 775 [2007]), involving a dispute between an insurer and the assignee of the insured regarding the recovery of first-party no-fault benefits under the terms of an insurance policy, the Appellate Division, Second Department, held that, although the terms of the no-fault endorsement of the policy might have been mandated by statute, "this does not alter the fact that the dispute is fundamentally contractual in nature and not a creature of statute." Accordingly, the Court held that the six-year statute of limitations set forth in CPLR 213 (2) was applicable to an action to recover first-party no-fault benefits.