From Casetext: Smarter Legal Research

Matter of Metro. Prop. Liab. v. Villarrubia

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1986
119 A.D.2d 576 (N.Y. App. Div. 1986)

Opinion

April 7, 1986

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


Order reversed, on the law, with costs, and petition granted.

The "declarations" page of the respondent's automobile insurance policy indicates that she purchased "uninsured" motorist coverage with policy limits of $10,000 for the injury of one person in any one accident and $20,000 for the injury of more than one person in any one accident (see, Insurance Law § 3420 [f] [1]). However, it is clear that the respondent failed to purchase "Supplementary Uninsured Motorist Insurance", which was necessary for her to purchase in order to be covered in the event that she was in an accident with an "underinsured" motorist (see, Insurance Law § 3420 [f] [2]; Metropolitan Prop. Liab. Ins. Co. v. Cassidy, 127 Misc.2d 641; Gull v. General Acc. Fire Life Assur. Corp., 121 Misc.2d 721). In other words, in order to be covered against "underinsured" motorists, an insured must purchase optional "Supplementary Uninsured Motorist Insurance" (see, Metropolitan Prop. Liab. Ins. Co. v. Cassidy, supra). Since the "declarations" page of the policy fails to indicate that the respondent purchased that type of insurance, the petition should have been granted. Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.


Summaries of

Matter of Metro. Prop. Liab. v. Villarrubia

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1986
119 A.D.2d 576 (N.Y. App. Div. 1986)
Case details for

Matter of Metro. Prop. Liab. v. Villarrubia

Case Details

Full title:In the Matter of METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY…

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

Date published: Apr 7, 1986

Citations

119 A.D.2d 576 (N.Y. App. Div. 1986)

Citing Cases

Matter of Royal Ins. Co., Am. v. Vinciguerra

Memorandum: Petitioner applied to stay arbitration of its insured's claim for underinsurance benefits,…

Matter of Maryland Casualty Co. v. Hopkins

The declarations page of respondent's automobile insurance policy indicates that she failed to purchase…