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MATTER OF UNITED FIN. CASUALTY CO. v. TEKEL

2019-10964. Index No. 36523/18.

185 A.D.3d 830 (2020)

128 N.Y.S.3d 53

2020 NY Slip Op 03919

Matter of United Financial Casualty Company, Appellant, v. Alan Tekel, Respondent.

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

Decided July 15, 2020.

Ordered that the order dated September 4, 2019, is affirmed, with costs.

Alan Tekel sustained injuries when, as a pedestrian, he was struck by a vehicle. After settling with the tortfeasor driver for the full limit of the driver's insurance policy, Tekel submitted a claim for supplementary underinsured motorist (hereinafter SUM) benefits pursuant to a commercial automobile insurance policy issued by Progressive Casualty Insurance Company (hereinafter Progressive)...

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