WARNER v. NEW YORK CENT. MUT. FIRE INS. CO.

513810.

97 A.D.3d 1065 (2012)

949 N.Y.S.2d 276

2012 NY Slip Op 5774

WAYNE R. WARNER JR., Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

July 26, 2012.


Garry, J.

In January 2004, plaintiff was injured in a two-car accident in the Town of Mohawk, Montgomery County. Plaintiff subsequently commenced a personal injury action against the operator of the other vehicle (hereinafter the tortfeasor) and notified defendant, as his insurer, that he would be claiming supplemental uninsured/underinsured motorist (hereinafter SUM) coverage. The parties thereafter exchanged correspondence, information, and documents. In February...

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