MATTER OF CONTINENTAL CASUALTY COMPANY v. LUHRS


299 A.D.2d 357 (2002)

749 N.Y.S.2d 175

In the Matter of CONTINENTAL CASUALTY COMPANY, Respondent, v. BONNIE LUHRS, Appellant.

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

Decided November 4, 2002.


Ordered that the order is affirmed, with costs.

Contrary to the appellant's contention, the subject insurance policy did not provide underinsured motorist coverage for the underlying accident. Further, because the noncoverage arose from a lack of inclusion, not a policy exclusion, a timely disclaimer of coverage was not required (see Markevics v Liberty Mut. Ins. Co., 97 N.Y.2d 646

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