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LEGUM v. ALLSTATE INSURANCE COMPANY

33 A.D.3d 670 (2006)

821 N.Y.S.2d 895

IRIS LEGUM, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided October 10, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, "[I]nsurance Law § 3420 (d) is inapplicable to this case since the underlying claim does not involve death or bodily injury" (Incorporated Vil. of Pleasantville v Calvert Ins. Co., 204 A.D.2d 689, 690 [1994]; see Fairmont Funding v Utica Mut. Ins. Co., 264 A.D.2d 581

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