Sisson v. Travelers Ins. Companies

Decision Date01 June 1982
PartiesRoy SISSON, Jr., Plaintiff, v. The TRAVELERS INSURANCE COMPANIES, Defendant.
CourtNew York Supreme Court

FRANK R. BAYGER, Justice.

The plaintiff herein was seriously injured on September 5, 1971, when he was struck by an unidentified, hit and run motorist while walking on Penora Street in the village of Lancaster. Plaintiff was then a resident of his father's household and therefore asserted a claim for those injuries under the terms of the New York uninsured motorist endorsement of his father's automobile liability insurance policy issued by the defendant, Travelers Insurance Company. The policy covered two automobiles owned by the senior Sisson and offered separate coverages, for separate premiums, for each automobile. Plaintiff now seeks summary judgment determining the uninsured motorist coverage applicable to his injuries to be in the amount of $20,000.00 rather than $10,000.00 as alleged by the company. Plaintiff contends that since his father was charged a separate premium for uninsured motorist coverage for each of his vehicles he was twice insured in that regard so as to allow a "stacking" of the $10,000.00/$20,000.00 coverage afforded each vehicle. I disagree.

In the absence of "supplementary uninsured motorists insurance", which is admittedly not provided by this policy, subsection 2-a of section 167 of the Insurance Law limits an insured person's recovery under New York's mandatory uninsured motorist endorsement to a maximum of $10,000.00 regardless of how many such endorsements or policies may be otherwise available (cf. Public Service Mut. Ins. Co. v. Katcher, 36 N.Y.2d 295, 367 N.Y.S.2d 752, 327 N.E.2d 799; State Farm Mut. Ins. Co. v. Basile, 48 A.D.2d 868, 368 N.Y.S.2d 584; and see Mtr. of Spychalski, 88 Misc.2d 129, 386 N.Y.S.2d 998, rev'd other grds. 58 A.D.2d 193, 396 N.Y.S.2d 533; Butler v. Lumbermens Mutual Casualty Co., 72 Misc.2d 489, 339 N.Y.S.2d 731). The plaintiff's motion for summary judgment is, therefore, denied and his complaint dismissed.

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