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RAFFELLINI v. STATE FARM MUT.

9 N.Y.3d 196 (2007)

878 N.E.2d 583

848 N.Y.S.2d 1

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

Court of Appeals of the State of New York.

Decided November 15, 2007.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Harris J. Zakarin and Evan H. Krinick of counsel), and Picciano & Scahill for appellant.

Michael A. Forzano, Brooklyn, for respondent.

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac of counsel), for New York State Trial Lawyers' Association, amicus curiae.

Pastel & Rosen, LLP, Albany (Robert S. Pastel of counsel), for New York Insurance Association, Inc., amicus curiae.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

The issue in this case is whether a "serious injury" exclusion in a supplementary uninsured/underinsured motorist endorsement to an automobile liability policy is enforceable. We conclude that it is.

In April 1998, plaintiff Nicholas Raffellini suffered back injuries when his vehicle was struck by a car that had driven through a red traffic light. Plaintiff's medical...

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