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MEEGAN v. PROGRESSIVE INS.

43 A.D.3d 182 (2007)

838 N.Y.S.2d 748

SHEILA M. MEEGAN et al., Respondents, v. PROGRESSIVE INSURANCE COMPANY, Appellant. (Appeal No. 2.)

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

June 8, 2007.

Attorney(s) appearing for the Case

Sugarman Law Firm, LLP, Syracuse (Timothy J. Perry of counsel), for appellant.

Knoer, Crawford & Bender, LLP, Buffalo (Paul A. Bender of counsel), for respondents.

LUNN and PINE, JJ., concur with PERADOTTO, J.; CENTRA, J., and GORSKI, J.P., dissent in part and vote to modify in accordance with a separate opinion by CENTRA, J.

OPINION OF THE COURT

PERADOTTO, J.

Sheila M. Meegan (plaintiff) was injured in a motor vehicle accident when the vehicle that she was driving was rear-ended by another vehicle. She thereafter settled with the driver of the other vehicle for $25,000, the maximum amount of coverage under his insurance policy. Plaintiffs then commenced this action seeking supplementary uninsured/underinsured motorist (SUM) coverage under the policy issued by defendant to plaintiff...

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