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UTICA MUT. INS. CO. v. REID

22 A.D.3d 127 (2005)

799 N.Y.S.2d 509

In the Matter of UTICA MUTUAL INSURANCE COMPANY, Respondent, v. DANIEL REID, Appellant.

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

August 11, 2005.

Attorney(s) appearing for the Case

Laura & Matarrese, Staten Island (Gregory P. Matarrese of counsel), for appellant.

Hammill, O'Brien, Croutier, Dempsey & Pender, P.C., Mineola (Anton Piotroski of counsel), for respondent.

TOM, J.P., ANDRIAS, FRIEDMAN and CATTERSON, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.

This is a case where coverage for a claim was denied under a specific provision of the supplementary uninsured/underinsured motorists endorsement (SUM endorsement) of the policy under which respondent-appellant seeks to recover.

At the time of the accident, respondent Reid was driving a 1999 Honda motorcycle that was insured not by petitioner Utica Mutual Insurance...

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