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Matter of Koback v. Commercial Union Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 708 (N.Y. App. Div. 1996)

Opinion

January 29, 1996

Appeal from the Supreme Court, Richmond County (Radin, J.H.O.).


Ordered the order is affirmed insofar as appealed from, with costs.

The appellant, who offered no documentary evidence regarding residence in his uncle's house and whose testimony, and that of his mother, was determined to be incredible by the hearing court, was not entitled to arbitration of his claim for underinsurance motorist benefits under his uncle's insurance policy ( see, Matter of Aetna Cas. Sur. Co. v Gutstein, 80 N.Y.2d 773; Walburn v State Farm Fire Cas. Co., 215 A.D.2d 837; Matter of Aetna Cas. Sur. Co. v Panetta, 202 A.D.2d 662). The appellant was not a "family member" under the clear and unambiguous language of the policy ( see, Matter of Metropolitan Prop. Liab. Ins. Co. v Feduchka, 135 A.D.2d 715). O'Brien, J.P., Sullivan, Copertino and Joy, JJ., concur.


Summaries of

Matter of Koback v. Commercial Union Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 708 (N.Y. App. Div. 1996)
Case details for

Matter of Koback v. Commercial Union Ins. Co.

Case Details

Full title:In the Matter of CRAIG KOBACK, Appellant, v. COMMERCIAL UNION INSURANCE…

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

Date published: Jan 29, 1996

Citations

223 A.D.2d 708 (N.Y. App. Div. 1996)
637 N.Y.S.2d 424

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