Christian Varon, Plaintiff–Appellant, v. Country–Wide Insurance Company, Defendant–Respondent. (2017)

Supreme Court, Appellate Division, First Department.

Christian Varon, Plaintiff–Appellant, v. Country–Wide Insurance Company, Defendant–Respondent.

2911

Decided: January 31, 2017

Mazzarelli, J.P., Manzanet–Daniels, Feinman, Webber, Gesmer, JJ.

Antin, Ehrlich & Epstein, LLP, New York (Jeffry Antin of counsel), for appellant. Thomas Torto, New York, for respondent.

Order and judgment (one paper), Supreme Court, New York County (Peter H. Moulton, J.), entered on or about September 2, 2014, which denied plaintiff's motion for summary judgment, granted defendant's cross motion for summary judgment, and declared that defendant insurance company is not required to tender the policy it issued to Adis Reckovic (the offending driver) to trigger plaintiff's right to seek underinsured motorist benefits from nonparty insurance company High Point, unanimously affirmed, without costs.

The excess coverage clause in the offending driver's policy states, in relevant part, that the driver's coverage “shall be excess over any other collectible insurance.” The motion court correctly refused to interpret the phrase “any other collectible insurance” to mean “any other collectible primary insurance,” and correctly determined that the driver's coverage is “excess” to plaintiff's High Point insurance.

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network