Berger v. Public Service Mutual Insurance
Cases that cite this one
2 later published cases cite this decision.
- Power Authority v. National Union Fire Insurance (Appellate Division of the Supreme Court of New York 2003)
- Progressive Casualty Insurance v. Dursi (Appellate Division of the Supreme Court of New York 1994)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (William J. Davis, J.), entered on or about June 18, 1990, which, inter alia, granted defendant’s motion for summary judgment and denied plaintiffs’ cross-motion for summary judgment, unanimously affirmed, without costs.
The executors were properly denied recovery under the clear terms of defendant’s supplemental insurance policy since the underinsurance clause unambiguously provides that decedent’s primary underinsurance coverage would be deducted from the maximum $35,000 amount he could recover under defendant’s policy (Matter of Valente v Prudential Prop. & Cas. Ins. Co., 77 NY2d 894). Furthermore, defendant was not required to give notice of disclaimer since the mandatory offset provision does not relate to an exclusion or condition in the policy (Zappone v Home Ins. Co., 55 NY2d 131). Concur— Ellerin, J. P., Wallach, Kupferman and Ross, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.