Gallagher v. State Farm Mutual Auto Insurance

Kane, J. P.

Appeal from an order of the Supreme Court (Ryan, Jr., J.), entered May 1, 1989 in Schenectady County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff was allegedly injured when his motorcycle was hit by an automobile driven by Jackson Donadío, the result of which was a lawsuit and subsequent settlement for $10,000, the limit of Donadio’s insurance coverage. Plaintiff then commenced the instant action for underinsurance benefits pursuant to a motor vehicle liability policy issued by defendant. Defendant had denied coverage on the…