New York Court of Appeals
Nicholas Raffellini, Respondent v. State Farm Mutual Automobile Insurance Company, Appellant
November 15, 20079 N.Y.3d 196
Summary
The New York Court of Appeals held that the serious injury exclusion in a supplementary uninsured/underinsured motorist (SUM) endorsement is enforceable, allowing State Farm to assert a serious injury defense. The Court reversed the Appellate Division and reinstated the defense, finding the statutory scheme and Regulation 35-D support the requirement.