From Casetext: Smarter Legal Research

Dudley v. Allstate Insurance Company [4th Dept 2001

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 941 (N.Y. App. Div. 2001)

Opinion

March 21, 2001.

Appeal from Judgment of Supreme Court, Erie County, Mahoney, J. — Declaratory Judgment.

BEFORE: HAYES, J. P., WISNER, SCUDDER, KEHOE AND BURNS, JJ.


Judgment unanimously affirmed without costs. Memorandum:

Plaintiff commenced this action seeking a judgment declaring that she is entitled to receive $100,000 as the limits of coverage under the supplementary uninsured motorists (SUM) endorsement of her decedent's automobile insurance policy with defendant, Allstate Insurance Company (Allstate). Supreme Court properly awarded plaintiff judgment in the amount of $50,000, thereby granting Allstate an offset for a payment of $50,000 previously made to plaintiff by Public Service Mutual Insurance Company (Public Service), representing the limits of coverage under the uninsured motorists endorsement of decedent's policy with Public Service. Condition 8 of the SUM coverage of the Allstate policy provides, in a form prescribed by the applicable regulation ( see, 11 NYCRR 60-2.3): "Priority of Coverage. If an insured is entitled to uninsured motorists coverage or supplementary uninsured motorists coverage under more than one policy, the maximum amount such insured may recover shall not exceed the highest limit of such coverage for any one vehicle under any one policy". The condition thus limits plaintiff's potential recovery to $100,000. Condition 8 further provides that the coverage available under the "lower priority policy" issued by Allstate "applies only to the extent that it exceeds the coverage" provided by the "higher priority policy" issued by Public Service. Thus, Allstate is entitled to an offset for the $50,000 paid by Public Service ( see generally, Matter of State Farm Mut. Auto. Ins. Co. [Hill], 213 A.D.2d 976, 977, appeal dismissed 86 N.Y.2d 779).


Summaries of

Dudley v. Allstate Insurance Company [4th Dept 2001

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 941 (N.Y. App. Div. 2001)
Case details for

Dudley v. Allstate Insurance Company [4th Dept 2001

Case Details

Full title:BECKY R. DUDLEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JOEL…

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

Date published: Mar 21, 2001

Citations

281 A.D.2d 941 (N.Y. App. Div. 2001)
722 N.Y.S.2d 448

Citing Cases

Warren v. Allstate Insurance Company

Under the facts of this case, the Supreme Court providently exercised its inherent power to open the default…

Met Life Auto & Home v. Leonorovitz

We affirm. Contrary to the appellants' contention, the fact that the appellants are claiming SUM benefits…