Conklin v. St. Paul Fire Marine Ins. Co.

Full title: STANLEY CONKLIN, JR., Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 19, 1999

260 A.D.2d 529 (N.Y. App. Div. 1999)

688 N.Y.S.2d 241

Opinion

April 19, 1999

Appeal from the Supreme Court, Rockland County (Sherwood, J.).

Ordered that the order and judgment is affirmed, with costs.

We agree with the Supreme Court that the limit of the alleged tortfeasor's insurance policy for bodily injury resulting in death was equal to the amount provided to the plaintiff in his policy with the defendant. Thus, the alleged tortfeasor's vehicle was not underinsured, and the defendant is not obligated to pay underinsured motorist benefits ( see, Insurance Law § 3420 [f] [2]).

Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.