HUTH v. NATIONWIDE INS. CO.


148 Misc.2d 1003 (1990)

Rita Huth, Petitioner, v. Nationwide Insurance Company, Respondent.

Supreme Court, Suffolk County.

June 4, 1990


Attorney(s) appearing for the Case

Joseph Spencer for respondent. Bryan P. Kujawski for petitioner. Alexander Pignato for intervenor.


JOHN V. VAUGHN, J.

This case presents to the court issues concerning underinsured motor vehicle coverage and the subrogation clause in the respondent company's insurance policy.

The issue is whether the underinsured motorist carrier (Nationwide) may, under its right of subrogation, condition its payment of the arbitration award upon the insured's preservation of its rights against the tort-feasor when...

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