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STATE FARM MUT. AUTO. INS. CO. v. MALONEY

111 A.D.2d 917 (1985)

State Farm Mutual Automobile Insurance Company, Appellant, v. John Maloney, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 24, 1985

Order affirmed, with costs. The parties are directed to proceed with arbitration.

Respondent had a policy of automobile insurance with petitioner which included supplementary uninsured motorist coverage (underinsured motorist coverage). The policy provided that there was no underinsured motorist coverage for "ANY INSURED WHO, WITHOUT OUR WRITTEN CONSENT, SETTLES WITH ANY PERSON OR ORGANIZATION WHO MAY BE LIABLE FOR THE BODILY INJURY".

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