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WEATHERS v. TRI STATE CONSUMER INS. CO.

2016-04608. Index No. 840/15.

153 A.D.3d 651 (2017)

59 N.Y.S.3d 748

2017 NY Slip Op 06099

RONALD B. WEATHERS, as Assignee of the Rights of Alex Rios, Respondent, v. TRI STATE CONSUMER INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided August 9, 2017.

Ordered that the order is affirmed, with costs.

In June 2008, a vehicle driven by Alex Rios collided with a vehicle driven by Ronald B. Weathers in Brooklyn. Thereafter, Weathers commenced a personal injury action against Rios. Rios had an insurance policy with the defendant Tri State Consumer Insurance Company (hereinafter Tri State) at the time of the accident, with liability limits of $100,000 per person and $300,000 per occurrence. Pursuant to the policy, Tri...

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