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MATTER OF RIVERA v. AMICA MUTUAL INSURANCE COMPANY

6637, 260296/10

91 A.D.3d 562 (2012)

937 N.Y.S.2d 59

2012 NY Slip Op 472

In the Matter of ESTEBAN RIVERA et al., Appellants, v. AMICA MUTUAL INSURANCE COMPANY, Respondent.

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

Decided January 26, 2012.

In Butler v New York Cent. Mut. Fire Ins. Co. (274 A.D.2d 924 [2000]), the Third Department held that whether the term "insured," as used in an identical condition 6 of the supplementary uninsured motorist (SUM) endorsement, "refers to each independent insured" or "a cumulative grouping of all who qualify as insureds" was ambiguous, and should be construed against the insurer (id. at 925). However, in this case, condition...

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