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MATTER OF STATE FARM FIRE & CAS. CO. v. ZYBURO

215 A.D.2d 566 (1995)

626 N.Y.S.2d 847

In the Matter of State Farm Fire and Casualty Co., Respondent, v. Joseph Zyburo, Appellant

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

May 15, 1995

Ordered that the order is affirmed, with costs.

The appellant failed to obtain written consent from the petitioner prior to settling the underlying negligence action with the tortfeasor as required by the policy of insurance, and failed to preserve the petitioner's subrogation rights in executing a release in favor of the tortfeasor. Thus, the appellant is precluded from asserting a claim for benefits under the underinsured...

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