Appellate Division of the Supreme Court of New York, 1995

Orenshein v. Government Employees Insurance

Orenshein v. Government Employees Insurance
Appellate Division of the Supreme Court of New York · Decided February 7, 1995
212 A.D.2d 373; 622 N.Y.S.2d 258; 1995 N.Y. App. Div. LEXIS 1220
Orenshein v. Government Employees Insurance

Opinion of the Court

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered December 16, 1993, which, inter alia, granted plaintiffs’ cross motion for summary judgment to the extent of awarding plaintiffs the sum of $10,000, on their breach of contract claim, unanimously affirmed, without costs.

In this underinsured motorist coverage case, the IAS Court properly found that the language of the policy, which cross-referenced the terms uninsured and underinsured, would lead a policyholder to the reasonable conclusion that she had also purchased underinsurance. Plaintiffs’ recovery was correctly limited to $10,000, the amount clearly listed in the policy for uninsured motorist coverage. We have considered plaintiffs’ remaining argument and find it without merit. Concur—Murphy, P. J., Sullivan, Rosenberger and Ross, JJ.

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