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CONKLIN, JR. v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

260 A.D.2d 529 (1999)

688 N.Y.S.2d 241

STANLEY CONKLIN, JR., Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Respondent.

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

Decided April 19, 1999.

Ordered that the order and judgment is affirmed, with costs.

We agree with the Supreme Court that the limit of the alleged tortfeasor's insurance policy for bodily injury resulting in death was equal to the amount provided to the plaintiff in his policy with the defendant. Thus, the alleged tortfeasor's vehicle was not underinsured, and the defendant is not obligated to pay underinsured motorist benefits (see, Insurance Law §...

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