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MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. LUCANO

11 A.D.3d 548 (2004)

783 N.Y.S.2d 618

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. LISA M. LUCANO, Appellant.

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

October 12, 2004.

Ordered that the order is affirmed, with costs.

The appellant failed to obtain the petitioner's written consent prior to settlement of the underlying negligence action and execution of a release which failed to preserve the petitioner's subrogation rights (see Matter of Integon Ins. Co. v Battaglia, 292 A.D.2d 527 [2002]; Friedman v Allstate Ins. Co., 268 A.D.2d 558 [2000]; Weinberg...

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