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BERGER v. PUB. SERV. MUT. INS. CO.

177 A.D.2d 280 (1991)

Ruth W. Berger et al., as Executors of Morton M. Berger, Deceased, Appellants, v. Public Service Mutual Insurance Company, Respondent

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

November 7, 1991

The executors were properly denied recovery under the clear terms of defendant's supplemental insurance policy since the underinsurance clause unambiguously provides that decedent's primary underinsurance coverage would be deducted from the maximum $35,000 amount he could recover under defendant's policy (Matter of Valente v Prudential Prop. & Cas. Ins. Co., 77 N.Y.2d 894). Furthermore, defendant was not required to give notice...

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