SMETANICK v. ERIE INSURANCE GROUP


16 A.D.3d 957 (2005)

792 N.Y.S.2d 223

CORRINE SMETANICK et al., Appellants, v. ERIE INSURANCE GROUP et al., Respondents.

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

March 24, 2005.


Cardona P.J.

Plaintiff Corrine Smetanick (hereinafter plaintiff) sustained injuries in a July 1997 motor vehicle accident and settled with the primary tortfeasor for $25,000, the full amount of that insurance policy. Thereafter, plaintiff and her husband commenced this action to recover damages pursuant to the underinsured motorist coverage endorsement contained in their insurance policy, which was underwritten by defendants. The matter proceeded to trial, with the...

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