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WORCESTER INS v. BETTENHAUSER

95 N.Y.2d 185 (2000)

734 N.E.2d 745

712 N.Y.S.2d 433

In the Matter of WORCESTER INSURANCE COMPANY, Respondent, v. THOMAS BETTENHAUSER, Appellant.

Court of Appeals of the State of New York.

Decided June 20, 2000.

Attorney(s) appearing for the Case

Russo, Fox & Karl, Hauppauge (Kevin M. Fox of counsel), for appellant.

Frankfort & Koltun, Deer Park (Robert D. Frankfort and Patrick J. McGrath of counsel), for respondent.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

Chief Judge KAYE.

While driving his own automobile on November 22, 1995, appellant Thomas Bettenhauser was seriously injured in a two-car accident. The other driver's insurance policy had a $10,000 limit, and Bettenhauser's policy did not include underinsurance coverage. Accordingly, on February 1, 1996, Bettenhauser, who lived with his parents at the time of the accident, filed an underinsurance...

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