DAY v. ONE BEACON INS.

CA 11-02291.

96 A.D.3d 1678 (2012)

948 N.Y.S.2d 468

2012 NY Slip Op 5281

WINIFRED K. DAY, Respondent, v. ONE BEACON INSURANCE, Appellant.

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

June 29, 2012.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, plaintiff's motion is denied, defendant's cross motion is granted and the amended complaint is dismissed.

Memorandum: Plaintiff commenced this breach of contract action seeking supplementary underinsured motorist (SUM) coverage under an automobile insurance policy issued by defendant. Plaintiff was a passenger in a Ford Windstar van driven by her husband...

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