MATTER OF ALLSTATE INSURANCE COMPANY v. CHARNO


276 A.D.2d 552 (2000)

714 N.Y.S.2d 309

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. GEORGE CHARNO, Appellant.

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

Decided October 10, 2000.


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The claimant was injured in an accident which involved an underinsured motorist. The monetary limits applicable to the bodily injury liability protection which covered that underinsured motorist were exhausted by settlement. Under these circumstances, the claimant is entitled to pursue his underinsured motorist claim. The Supreme Court erred in taking...

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