Order unanimously affirmed with costs.
Memorandum:
Defendant's motion for summary judgment was properly denied. An insured who accepts a settlement of a claim against a third-party tort-feasor without protecting the insurer's subrogation rights or complying with the consent to settlement provision of the insurance policy generally is precluded from asserting an underinsured motorist claim against the insurer (see, Weinberg v Transamerica Ins. Co...
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