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MATTER OF GARCIA v. STATE FARM INS. CO.

232 A.D.2d 488 (1996)

648 N.Y.S.2d 340

In the Matter of Susan Garcia, Respondent, v. State Farm Insurance Company, Appellant

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

October 15, 1996

Ordered that the order is reversed, on the law, with costs, and the application is denied.

As a condition precedent to payment of underinsurance, "the limits of liability of all bodily injury liability bonds or insurance policies applicable at the time of the accident shall be exhausted by payment of judgments or settlements" (Insurance Law § 3420 [f] [2]). Here, the petitioner failed to establish that she exhausted...

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