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MATTER OF NATIONWIDE AFFINITY INS. CO. OF AM. v. ORTIZ

Index No. 153010/19. Appeal No. 15660. Case No. 2021-03824.

204 A.D.3d 414 (2022)

163 N.Y.S.3d 801

2022 NY Slip Op 02231

In the Matter of Nationwide Affinity Insurance Company of America, Respondent, v. Katrina Ortiz, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 5, 2022.

Attorney(s) appearing for the Case

Thomas Torto, New York, for appellant.

Hollander Legal Group, P.C., Melville (Allan Hollander, of counsel) for respondent.

Concur—Webber, J.P., Singh, González, Kennedy, Higgitt, JJ.

In November 2015, respondent Katrina Ortiz was involved in a motor vehicle accident; the other vehicle involved in the accident was insured by Nationwide under a policy that provided for bodily injury limits of $100,000/$300,000, as well as supplementary uninsured/underinsured motorist (SUM) coverage. Ortiz and Nationwide eventually entered into a general release in which Ortiz waived any and all claims as to SUM coverage in return for a $500 settlement payment from Nationwide...

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