Maurizzio v. Lumbermens Mut. Cas. Co., 73 N.Y.2d 951 (1989)

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Underinsured motorist coverage is not available when the policy limits of the insured’s vehicle do not exceed the policy limits of the other vehicle involved in the accident.

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Summary

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Maurizzio purchased an auto insurance policy with $10,000 bodily injury coverage and an underinsured motorist endorsement. After being injured in an accident with another vehicle also insured for $10,000, Maurizzio sought coverage under his underinsured motorist provision, claiming injuries exceeding $20,000. The insurance company denied the claim, arguing that underinsured coverage only applied when the other vehicle’s policy limits were *less* than Maurizzio’s. The New York Court of Appeals held that the underinsured motorist endorsement was inapplicable because the other vehicle’s policy limits were not less than Maurizzio’s, upholding the plain meaning of the insurance contract and declining to create a different form of supplementary coverage.

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Facts

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1. Plaintiff, Maurizzio, purchased an automobile insurance policy with a $10,000 limit for bodily injury liability.

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2. He also purchased an underinsured motorist endorsement for an additional $1 premium.

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3. The underinsured motorist endorsement defined an