In the Matter of ALLSTATE INSURANCE COMPANY, Respondent,
v.
NYDIA RIVERA et al., Appellants.
In the Matter of CLARENDON NATIONAL INSURANCE COMPANY, Respondent,
v.
FRANCISCO NUNEZ, SR., et al., Appellants.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued April 30, 2009.
Decided June 4, 2009.
Attorney(s) appearing for the Case
Shayne, Dachs, Corker, Sauer & Dachs, Mineola (Jonathan A. Dachs of counsel), and Tinari, O'Connell, Osborn & Kaufman, LLP, Central Islip, for appellants in the first above-entitled proceeding.
Sweetbaum & Sweetbaum, Lake Success (Marshall D. Sweetbaum of counsel), and Law Office of Robert P. Tusa, Hauppauge, for respondent in the first above-entitled proceeding.
Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for New York State Trial Lawyers Association, amicus curiae in the first above-entitled proceeding.
Rivkin Radler LLP, Uniondale (Evan H. Krinick and Harris J. Zakarin of counsel), for New York Insurance Association, amicus curiae in the first above-entitled proceeding.
Shayne, Dachs, Corker, Sauer & Dachs, Mineola (Jonathan A. Dachs of counsel), and Allen D. Springer, PLLC, Brooklyn, for appellants in the second above-entitled proceeding.
Hiscock & Barclay, LLP, Rochester (John R. Casey, Joseph A. Wilson and Mark T. Whitford of counsel), for respondent in the second above-entitled proceeding.
Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for New York State Trial Lawyers Association, amicus curiae in the second above-entitled proceeding.
Judges GRAFFEO, READ, SMITH and PIGOTT concur with Judge JONES; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN concurs.
Court of Appeals of New York.
OPINION OF THE COURT
JONES, J.
At issue in both of these appeals is whether supplementary uninsured/underinsured motorists (SUM) coverage was triggered. In both appeals, we conclude that it was not.
In the first appeal, Allstate Insurance Company issued an automobile insurance policy to Petra Mercado that provided bodily injury liability and SUM coverage of $25,000 per person/$50,000 per accident. In July 2005, while the policy was in effect, Mercado...
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