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MTR OF CENT MUT INS (BEMISS)

12 N.Y.3d 648 (2009)

In the Matter of the Arbitration between CENTRAL MUTUAL INSURANCE COMPANY, Respondent, and BEVERLY BEMISS, Appellant.

Court of Appeals of New York.

Decided June 25, 2009.

Attorney(s) appearing for the Case

Powers & Santola, LLP, Albany (Michael J. Hutter of counsel), and Capasso & Massaroni, LLP, Schenectady, for appellant.

Goldberg Segalla LLP, Albany (Jonathan M. Bernstein of counsel), for respondent.

Fiedelman & McGaw, Jericho (Andrew Zajac, Dawn C. DeSimone, Rona L. Platt, Brendan T. Fitzpatrick and David B. Hamm of counsel), and Thomas J. Maroney for Defense Association of New York, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

We are asked in this appeal whether consent-to-settle and subrogation-protection provisions in the supplementary uninsured/underinsured motorists (SUM) endorsement in an automobile liability insurance policy fall by the wayside once an insured has exhausted the available policy limits of a single tortfeasor in a multi-tortfeasor accident. We hold that these provisions remain...

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