PASSARO v. METRO. INS.


128 Misc.2d 21 (1985)

Dean Passaro et al., Plaintiffs, v. Metropolitan Property and Liability Insurance Company, Defendant.

Supreme Court, Trial Term, Queens County.

April 12, 1985


Attorney(s) appearing for the Case

Mahler & Harris, P. C., for plaintiffs. Rivkin, Leff, Sherman & Radler for defendant.


HAROLD HYMAN, J.

In this action the plaintiffs demand judgment against the defendant insurer declaring that the underinsured coverage provided for in the policy issued to Robert M. Jewell and Mary Jewell, the named insureds, be applied to the benefit of the plaintiffs herein. A nonjury trial was held before this court on December 3, 1984, at which time the parties stipulated to an agreed statement of facts as follows:

On August 19, 1979, Kiloh...

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