Truncali v. Fireman's Fund Insurance

In an action for a judgment declaring that the plaintiff Kimberly Truncali is covered under the underinsured motorist provision of an insurance policy issued by the defendant, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (O’Brien, J.), entered January 8, 1993, which, upon granting the defendant’s "cross motion for declaratory judgment”, dismissed the complaint.

Ordered that the order and judgment is modified, by adding thereto a provision declaring that Kimberly Truncali is not covered under the underinsured motorist provision of the subject…