Terwilliger v. American Motorists Insurance

Kane, J. P.

Appeal from an order of the Supreme Court (Fischer, J.), entered November 9, 1988 in Broome County, which, inter alia, denied defendants’ cross motion for summary judgment.

In December 1985, plaintiff was struck and injured by an automobile and eventually settled a lawsuit against the driver for $10,000, the liability limit of the driver’s automobile insurance policy. Thereafter, plaintiff was denied additional coverage under a policy issued by defendants that plaintiff alleges included underinsured motorist insurance; however, no underinsured motorist endorsement was included with…