AUTO. INS. CO. v. STILLWAY


165 A.D.2d 572 (1991)

In the Matter of Automobile Insurance Company of Hartford Connecticut, Respondent, v. Richard Stillway, Appellant

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

April 9, 1991


Attorney(s) appearing for the Case

John M. Denby of counsel (Evan H. Krinick with him on the brief; Rivkin, Radler, Bayh, Hart & Kremer, attorneys), for respondent.

Bertram Herman, P. C., for appellant.

ROSENBERGER, J. P., WALLACH and ASCH, JJ., concur.


KASSAL, J.

The provisions of Insurance Law § 3420 (f) (2), made mandatory at the option of the insured, require an insurer to provide underinsured motorists coverage to the extent of the insured's liability coverage. In this appeal, we reject the insurer's attempt to limit such protection, through the terms of the automobile policy, to the amount of the insured's underinsurance coverage.

Petitioner...

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