MATTER OF ALLSTATE INS. CO. v. BORCZYNSKI


193 A.D.2d 1064 (1993)

598 N.Y.S.2d 407

In the Matter of Allstate Insurance Company, Respondent, v. James Borczynski, as Parent and Natural Guardian of Jeffrey Borczynski, an Infant, Appellant

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

May 28, 1993


Order unanimously reversed on the law with costs and petition dismissed.

Memorandum:

We agree with respondent that the underinsured motorists coverage of petitioner's policy applies to the accident involving infant Jeffrey Borczynski. There is no express requirement in the policy that an insured must be an operator of, or a passenger in, an insured vehicle in order to obtain benefits under that coverage. The general purpose of that coverage is to provide personal...

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