MATTER OF UNITED STATES FID. & GUAR. CO. v. MITCHELL


168 A.D.2d 941 (1990)

In the Matter of United States Fidelity and Guaranty Company, Respondent, v. Carol A. Mitchell, Appellant

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

December 21, 1990


Order unanimously reversed on the law without costs and motion denied, in accordance with the following memorandum:

Respondent was injured when a vehicle operated by Diann Williams left the roadway and rolled over several times. Respondent settled her action for damages against Williams for $10,000, the personal injury limits of Williams' policy. Respondent submitted a claim for underinsurance benefits provided by the underinsurance endorsement of her automobile insurance...

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