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RAFFELLINI v. STATE FARM MUT.

36 A.D.3d 92 (2006)

823 N.Y.S.2d 440

NICHOLAS RAFFELLINI, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

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

October 24, 2006.

Attorney(s) appearing for the Case

Picciano & Scahill, Westbury (Robin Mary Heaney and Francis J. Scahill of counsel), for appellant.

Michael A. Forzano, Brooklyn, for respondent.

LUCIANO, LIFSON and COVELLO, JJ., concur.

OPINION OF THE COURT

MILLER, J.P.

The plaintiff settled his action to recover damages for personal injuries against the tortfeasor for $25,000, the limit of the tortfeasor's automobile liability policy, and subsequently commenced this breach of contract action against his own insurer, State Farm Mutual Automobile Insurance Company (hereinafter State Farm), to recover damages under the supplementary underinsured motorist endorsement of his policy. In this...

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