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MATTER OF THE PHOENIX INS. CO. v. KANTLIS

14 A.D.3d 418 (2005)

787 N.Y.S.2d 868

In the Matter of THE PHOENIX INSURANCE COMPANY, Respondent, v. CHRIS KANTLIS, Appellant.

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

January 20, 2005.

Respondent Kantlis breached a condition of the underinsured motorists endorsement to his policy by failing to obtain petitioner's consent to settlement with the insurance carrier for one of the tortfeasors in the underlying personal injury action, thus vitiating coverage and disqualifying him from receiving these benefits (Matter of Integon Ins. Co. v Battaglia, 292 A.D.2d 527 [2002]; Matter of State Farm Mut. Auto. Ins. Co. v...

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