Morath v. New York Central Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1246Memorandum: Plaintiffs commenced the underlying personal injury action against Susan Milliman seeking damages for injuries sustained by Elizabeth G. Morath (plaintiff) when the vehicle driven by Milliman struck the vehicle driven by plaintiff. At the time of the accident, plaintiff was insured under an automobile liability policy issued by defendant, which included supplementary uninsured/underinsured motorist (SUM) coverage. After plaintiffs settled the underlying action for the limit of Milliman’s liability coverage, defendant denied SUM coverage and disclaimed liability based upon…
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