Manfredo v. Centennial Insurance

Memorandum: Special Term properly dismissed plaintiff’s complaint seeking recovery under the underinsured motorists indorsement of his automobile liability insurance policy.

As the result of a two-car collision, plaintiff, a passenger in one of the automobiles, the driver of that automobile, and another passenger sustained personal injuries. All three obtained judgments against the driver of the other automobile. Plaintiff’s judgment was in the amount of $30,000, the driver’s, $24,000, and the other passenger’s, $40,000. The limits for bodily injury liability of the insurance policy issued to…