MATTER OF NATIONWIDE INSURANCE COMPANY v. LUKAS


264 A.D.2d 778 (1999)

695 N.Y.S.2d 132

In the Matter of NATIONWIDE INSURANCE COMPANY, Respondent, v. WALTER F. LUKAS, Appellant.

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

Decided September 20, 1999.


Ordered that the order is affirmed, with costs.

On October 1, 1994, the appellant was injured in an automobile accident. On October 18, 1994, he informed his insurance carrier, the petitioner Nationwide Insurance Company (hereinafter Nationwide), of his claim for underinsurance coverage. The supplementary uninsured motorists endorsement contained in the policy issued to him by Nationwide specified that if he commenced a...

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