KIM v. GEN. ACCIDENT FIRE & LIFE INS. CO.


171 A.D.2d 404 (1991)

Hae Sup Kim, Respondent, v. General Accident Fire and Life Insurance Company, Appellant

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

March 5, 1991


On August 7, 1987, petitioner Kim sustained serious personal injuries as a result of an automobile accident when the car in which she was riding collided with an uninsured vehicle.

The record supports a rational basis for the arbitrator to find that petitioner's automobile liability policy included "underinsured" coverage. The policy was ambiguous and therefore it was proper to construe the ambiguity against the one who drafted the policy.

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