Legal Opinion
Guerra v. Fernandez
New York Supreme Court
Decided November 27, 1990Published
1Opinion of the Court
OPINION OF THE COURT
David Goldstein, J.
ISSUE
May a claim be filed on behalf of an infant under a supplementary uninsured motorist insurance endorsement (SUMI or underinsurance clause), where the underlying limits of liability insurance have been exhausted through settlement of the personal injury action, with the consent of the underinsurer, albeit the settlement has not been judicially approved and no “payment” has been made, as required by Insurance Law § 3420 (f) (2)? As far as appears, the question is one of first impression.
FACTS
This is an ex parte application, pursuant to CPLR 1207 and…
2Cases cited8 opinions
- Maurizzio v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1989
- Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
- State Farm Mutual Automobile Insurance v. TaglianettiAppellate Division of the Supreme Court of the State of New York · 1986
- State Farm Mutual Insurance v. DonathAppellate Division of the Supreme Court of the State of New York · 1990
- Garry v. Worldwide Underwriters InsuranceNew York Supreme Court · 1983
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