BEKERMUS v. STATE FARM MUT. INS. CO.


154 A.D.2d 323 (1989)

Barbara Bekermus, Respondent, v. State Farm Mutual Insurance Company, Appellant

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

October 2, 1989


Ordered that the order is affirmed, with costs.

The record, including, inter alia, the plaintiff insured's affidavit, the admissions in the defendant's answer, and the report of the defendant's expert, clearly indicate that on January 8, 1987, the plaintiff's automobile struck an object in the road, causing a puncture in the oil pan, rapid loss of motor oil, and immediate engine seizure. Under these circumstances, as a matter of law, the plaintiff was entitled...

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