FARAGON v. AMERICAN HOME ASSURANCE COMPANY


52 A.D.3d 917 (2008)

859 N.Y.S.2d 301

SAMUEL FARAGON, Respondent, v. AMERICAN HOME ASSURANCE COMPANY, Appellant, and NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent.

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

Decided June 5, 2008.


Lahtinen, J.

Plaintiff, a truck driver, was struck by a hit-and-run driver while standing on the street in the City of Albany after unloading construction equipment from the tractor-trailer owned by his employer and insured by defendant American Home Assurance Company. He filed a supplementary uninsured/underinsured motorist (hereinafter SUM) claim with American and also with defendant Nationwide Mutual Insurance Company, which was his insurer. American denied the...

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