DiPalma v. Eveready Insurance

In an action for a judgment declaring that the defendant is required to provide the plaintiff with underinsured motorist coverage, or, in the alternative, to proceed to arbitration, the defendant appeals from an order of the Supreme Court, Rings County (F. Rivera, J.), dated October 22, 2002, which, in effect, denied its motion for summary judgment dismissing the complaint, granted the plaintiffs cross motion for summary judgment, and directed it to provide the plaintiff with underinsured motorist coverage.

*521Ordered that the order is affirmed, with costs, and the matter is remitted to the…