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MATTER OF CONTINENTAL CASUALTY COMPANY v. LECEI

47 A.D.3d 509 (2008)

850 N.Y.S.2d 76

In the Matter of CONTINENTAL CASUALTY COMPANY, Appellant, v. TIBOR LECEI, Respondent.

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

Decided January 22, 2008.

Indisputably, respondent is not a named insured under the policy issued by petitioner to Welsbach Electric Corp., respondent's employer. Accordingly, for purposes of supplementary uninsured/underinsured motorist (SUM) coverage, respondent is an insured who is entitled to coverage, and to demand arbitration of disputes with the insurer involving the amount of payment that may be owing under such coverage, only if he was "occupying...

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