BAUST v. TRAVELERS INDEMNITY CO.


13 A.D.3d 788 (2004)

786 N.Y.S.2d 604

ROGER F. BAUST, Respondent v. TRAVELERS INDEMNITY COMPANY, Appellant.

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

December 9, 2004.


Carpinello, J.

Defendant was properly denied summary judgment in this action commenced by plaintiff seeking supplementary uninsured motorists coverage under an insurance policy issued to him. The event underlying plaintiff's request for coverage was an October 30, 1997 pedestrian-motor vehicle accident between himself and a vehicle driven by Christopher Kight in New York City. Plaintiff's initial attorney believed that Kight was uninsured at the time of the accident...

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