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GIBSON v. ENCOMPASS INSURANCE COMPANY

23 A.D.3d 1047 (2005)

804 N.Y.S.2d 226

LINDA S. GIBSON et al., Respondents, v. ENCOMPASS INSURANCE COMPANY, Appellant.

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

November 10, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action to recover supplementary underinsured motorist (SUM) coverage pursuant to an automobile liability insurance policy issued by defendant. Supreme Court properly denied that part of defendant's motion seeking to strike plaintiffs' notice to produce defendant's file regarding plaintiffs' SUM claim. The court...

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