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Roberts v. Eveready Insurance

Citations: 245 A.D.2d 239; 666 N.Y.S.2d 627; 1997 N.Y. App. Div. LEXIS 13428

Court: Appellate Division of the Supreme Court of the State of New York; December 29, 1997; New York; State Appellate Court

Narrative Opinion Summary

In this case, the Supreme Court of New York dismissed a plaintiff's action seeking recovery of underinsured motorist benefits from an insurer after an accident in Connecticut. The dispute centered on a New York policy issued to a rental agency, providing $1 million in bodily injury liability and $10,000 in supplementary uninsured motorist (SUM) coverage. Despite Connecticut's statutory minimum requirement of $20,000 for uninsured motorist coverage, the court upheld the validity of the lower SUM coverage, as it was chosen by the insured in writing. The court found that New York Insurance Law § 5103(e) permits policies to extend coverage to meet other states' minimum requirements. The plaintiff, having already recovered $100,000 from the tortfeasor’s insurer, could not claim additional underinsured benefits due to an offset provision. The judgment confirmed that no further claims were viable under the policy. The concurring opinion emphasized that the insured's election for lower coverage limits did not contravene Connecticut law. A noted amendment to the Vehicle and Traffic Law to increase minimum limits did not influence this outcome, as it postdated the incident.

Legal Issues Addressed

Offset Provision in Underinsured Motorist Claims

Application: An offset for the $100,000 recovered from the other driver's insurer was applied, precluding further recovery under the SUM coverage.

Reasoning: The plaintiff's entitlement to benefits was subject to an offset for the $100,000 already recovered from the other driver's insurer, which exceeded the SUM limit of $10,000.

Statutory Compliance for Out-of-State Policies

Application: New York policies can extend coverage to meet the minimum requirements of other states, allowing compliance with Connecticut's insurance mandates.

Reasoning: The relevant statute (Insurance Law § 5103(e)) allows for policies issued in New York to extend coverage to meet the minimum requirements of other states, in this case, Connecticut.

Underinsured Motorist Benefits Claim

Application: The plaintiff's claim for underinsured motorist benefits under a New York issued policy was dismissed due to the policy's SUM coverage being offset by recovery from the tortfeasor.

Reasoning: The court affirmed a prior order granting the defendant's summary judgment motion.

Validity of Lower Coverage Limits Under Connecticut Law

Application: The court upheld the validity of the SUM coverage limits chosen by the insured, despite being below Connecticut's statutory minimum, because the insured had requested these lower limits in writing.

Reasoning: The court found that the SUM coverage chosen by the plaintiff, while below this state minimum, was valid under Connecticut law since the insured requested lower limits in writing.