GALLAGHER v. STATE FARM MUT. AUTO INS. CO.


160 A.D.2d 1196 (1990)

William P. Gallagher, Appellant, v. State Farm Mutual Auto Insurance Company, Respondent

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

April 26, 1990


Kane, J. P.

Plaintiff was allegedly injured when his motorcycle was hit by an automobile driven by Jackson Donadio, the result of which was a lawsuit and subsequent settlement for $10,000, the limit of Donadio's insurance coverage. Plaintiff then commenced the instant action for underinsurance benefits pursuant to a motor vehicle liability policy issued by defendant. Defendant had denied coverage on the basis that plaintiff had violated the terms of the...

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