MATTER OF EMPIRE INS. CO. v. VITUCCI


192 A.D.2d 484 (1993)

597 N.Y.S.2d 31

In the Matter of Empire Insurance Company, Appellant, v. Madelon Vitucci, Respondent

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

April 29, 1993


On April 5, 1989, respondent was involved in an automobile accident. The driver of the other vehicle was insured with Country Wide Insurance Company for the statutory minimum, which sum was tendered by said insurer. Thereafter, respondent, whose alleged damages exceeded the Country Wide policy, pursued an underinsurance claim against petitioner, her own insurer, which then informed respondent that her policy did not contain such coverage. Respondent thereupon demanded arbitration...

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