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GUERRA v. FERNANDEZ

149 Misc.2d 25 (1990)

Michael A. Guerra, an Infant, by His Father and Natural Guardian Michael J. Guerra et al., Plaintiffs, v. John Fernandez, Jr., et al., Defendants.

Supreme Court, Queens County.

November 27, 1990

Attorney(s) appearing for the Case

Abbott & Bushlow (Bruce E. Bushlow of counsel), for plaintiffs.

DAVID GOLDSTEIN, J.

ISSUE

May a claim be filed on behalf of an infant under a supplementary uninsured motorist insurance endorsement (SUMI or underinsurance clause), where the underlying limits of liability insurance have been exhausted through settlement of the personal injury action, with the consent of the underinsurer, albeit the settlement has not been judicially approved and no "payment" has...

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