New York Court of Appeals to Address Interplay Between SUM Coverage and No-Fault Law

The New York Court of Appeals will address the following question on October 9, 2007: 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 Court of Appeals will hear oral argument on the 9th, and will likely issue a decision in November 2007.

NYCL will keep you apprised.