Matter of State Farm Mut. Auto. Ins. Co. v. Fitzgerald
2015 N.Y. LEXIS 1526, 2015 N.Y. Slip Op. 05626 (2015) – The Court of Appeals held that a New York City police officer, who was injured as a passenger in a police vehicle, was not entitled to recover underinsured motorist benefits under an insurance policy issued on the personal automobile of the driver who was operating the police vehicle at the time of the accident. The Court explained that the SUM endorsement, prescribed by Insurance Law § 3420 (f) (2) (A), exempts “police vehicles” from its definition of the term “motor vehicle” as contained in the endorsement and the policy.