Does an injured plaintiff have to establish he or she sustained a "serious injury" under Insurance Law sec. 5102 to recover supplementary underinsurance motorist coverage (SUM) from his or her insurance carrier? The Appellate Division, Second Department in Raffellini v. State Farm Mut. Auto. Ins. Co. held that the injured plaintiff did not have to do so.
The Second Department on March 5, 2007 granted State Farm's motion for leave to appeal to the Court of Appeals and, therefore, the New York Court of Appeals will sort out this issue.
NYCL will keep you apprised of the developments in the appeal.
Comments