WITTERSCHEIN v. STATE FARM INSURANCE COMPANY


278 A.D.2d 317 (2000)

718 N.Y.S.2d 192

JOHN WITTERSCHEIN, Respondent, v. STATE FARM INSURANCE COMPANY, Appellant.

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

Decided December 11, 2000.


Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and it is declared that the defendant is not obligated to provide underinsured motorist benefits to the plaintiff.

On November 11, 1996, the plaintiff was seriously injured when a vehicle driven by Ziiadine Ramazanov, in which he was a passenger, crashed into a tree. In late December 1996 the plaintiff retained counsel to represent him in connection...

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