Smetanick v. Erie Insurance Group

Cardona P.J.

Appeal from a judgment of the Supreme Court (Demarest, J.), entered January 30, 2004 in Franklin County, upon a verdict rendered in favor of plaintiff Corrine Smetanick.

Flaintiff Corrine Smetanick (hereinafter plaintiff) sustained injuries in a July 1997 motor vehicle accident and settled with the primary tortfeasor for $25,000, the full amount of that insurance policy. Thereafter, plaintiff and her husband commenced this action to recover damages pursuant to the underinsured motorist coverage endorsement contained in their insurance policy, which was underwritten by defendants.…