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CONNOLLY v. PEERLESS INS. CO.

No. CV 10-0789(ADS).

873 F.Supp.2d 493 (2012)

Kerry CONNOLLY, Plaintiff, v. PEERLESS INSURANCE COMPANY, Defendant.

United States District Court, E.D. New York.

July 10, 2012.

Attorney(s) appearing for the Case

Bracken Margolin Besunder LLP by Patricia M. Meisenheimer, Esq. , Of Counsel, Islandia, NY, Attorneys for Plaintiff.

Jaffe & Asher, LLP by Marshall T. Potashner, Esq. , Of Counsel, New York, NY, Attorneys for Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This is a breach of contract action, based on a motor vehicle accident. The action is by the plaintiff Kerry Connolly ("Connolly" or the "plaintiff") against the defendant Peerless Insurance Company ("Peerless" or the "defendant"). The action is brought to recover Underinsured Motorist Benefits under an insurance policy issued by Peerless with regard to an accident that occurred on October 13, 2007...

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