MAURIZZIO v. LUMBERMENS MUT. CAS. CO.


73 N.Y.2d 951 (1989)

Frank Maurizzio, Jr., Appellant, v. Lumbermens Mutual Casualty Co., Respondent.

Court of Appeals of the State of New York.

Decided March 28, 1989.


Attorney(s) appearing for the Case

Elyssa M. Fried for appellant.

Martin J. Semel for respondent.

Philip C. Pinsky for Nationwide Mutual Insurance Company, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs to defendant, by declaring that plaintiff is not entitled to recover under his underinsured motorist endorsement and otherwise affirmed.

Plaintiff purchased an automobile insurance policy with a policy limit of $10,000 for bodily injury for any one person injured in an accident involving plaintiff's automobile. In addition to purchasing...

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